One of the biggest muncipal bodies in the world, Municipal Corporation of Delhi (MCD) provides civic services to over 20 million Delhiites. For the past few years, it has become a victim of the power tussle between the BJP and the AAP. Their political tug-of-war has tied its hand in taking and implementing crucial decisions, especially the financial ones. This has resulted in abysmally poor public service delivery.
The Municipal Corporation of Delhi (MCD) on September 4 finally held the long-awaited and crucial polls to elect members of its 12 ward committees. At the end of the day-long process, which went smoothly, the Bharatiya Janata Party (BJP) came out on top, winning seven of the 12 zones, edging past the ruling Aam Aadmi Party (AAP) which won in the remaining five zones. The Congress, which has just nine councillors in the house, drew a blank in the elections.
Despite the smooth conduct of the polls, much drama had unfolded the day before the elections. On Tuesday, Mayor Shelly Oberoi refused to appoint the presiding officers for the elections. Oberoi said that the election notice was issued by the commissioner on August 28 and received by the municipal councillors, including herself, later that evening. The notice scheduled the polling for September 4, with August 30 as the deadline for filing nominations, leaving just one clear day in between. She pointed out that according to Section 30 of the Representation of the People Act, there should be a minimum of seven days for submitting nominations from the date of the notice. “While the Delhi Municipal Corporation Act doesn’t specify this, the provisions of the People’s Representation Act should guide us, especially regarding the minimum time for filing nominations,” she emphasised.
However, MCD Commissioner Ashwani Kumar cited powers in the MCD Act and a Union home ministry notification to order that the polls be held as scheduled. In his order, Kumar said, “In the larger public interest and in order to preserve the democratic spirit of the municipal body and in exercise of power conferred under section 487 of Delhi Municipal Corporation Act along with notification issued on Oct 1966 by Union home ministry, the lieutenant governor has directed that the aforesaid elections be conducted as per schedule notified by the MCD commissioner. Further, the deputy commissioners of the zones shall perform functions and duties of presiding officers in the interest of free and fair elections.”
Why is the standing committee so important?
A few days earlier, on August 30, the Delhi High Court rejected a plea from AAP councillors seeking an extension for filing nominations in the upcoming ward committee elections. Following the court’s directive, the councillors submitted their nominations by the end of the day.
The tussle shows just how crucial these polls were. This is because besides electing the chairman and vice chairman of each different zone, these elections also determine 12 of the 18 members of the MCD’s standing committee.
The Standing Committee plays a decisive role in the functioning of the MCD and holds considerable financial and administrative powers and is responsible for approving proposals involving large-scale expenditures. Of its 18 members, six are elected directly from the MCD House, while the other 12 are elected by councillors from the city’s 12 zones, one from each. This structure ensures that each area in Delhi has at least one representative on the committee, making the committee’s decisions broad-based and comprehensive.
The Standing Committee’s influence on the MCD’s operations cannot be overstated. It acts as the primary decision-making body within the MCD, tasked with reviewing and approving proposals before they are presented to the House, which is presided over by the mayor. If the Standing Committee rejects a proposal, it cannot be taken up by the House, effectively giving the committee control over the legislative agenda of the MCD.
The chairperson of the Standing Committee, elected from among its 18 members, holds extensive authority, often surpassing the mayor in terms of actual power. While the mayor serves as the ceremonial head of the MCD, the chairperson of the Standing Committee controls the actual functioning of the civic body, determining which proposals are advanced for consideration. The chairperson works closely with senior officials, including the MCD commissioner, in weekly meetings to address administrative and financial matters.
WORK AT A STANDSTILL
For the past 20 months, the MCD has been functioning without this crucial body. This has significantly affected the civic body’s financial matters as funds above Rs 5 crore require the panel’s approval while the municipal commissioner can take a call on matters up to Rs 5 crore.
In January this year, Mayor Shelly Oberoi moved the Supreme Court seeking directions that the MCD House be allowed to assume the function of the Standing Committee till it is “properly and legally constituted”. The matter is still pending in the apex court.
In a statement on April 27, the L-G’s office said in a statement that Urban Development Minister Saurabh Bhardwaj has been sitting for nearly seven months over a proposal to temporarily enhance financial powers of the MCD commissioner from present Rs 5 crore to Rs 25 crore.
This was done by the L-G after learning that the works of the MCD, including disposal of garbage at landfill sites, and lack of budget for MCD schools and hospitals, were affected due to the non-constitution of the Standing Committee.
At the same time, the AAP said that enhancing the financial power of the commissioner related to works worth over Rs 5 crore will leave him with no accountability towards the elected House of the civic body, it stated.
As a result of the deadlock, a range of works, including the procurement of textbooks for schools, medical supplies for health centres, maintenance of public parks, toilets, and other amenities have been stuck in the absence of the panel.
Election process for the standing committee
The election process for Standing Committee members is split between the six members elected from the House and the 12 members elected from the zones. The House members are chosen through a proportional representation system, similar to the Rajya Sabha, where each member needs a minimum of 38 preference votes to secure a seat. These members serve two-year terms, with half of them retiring each year.
The election of zone representatives, however, follows a simpler process. These representatives are elected by general voting from among their councillor colleagues within their respective zones and serve one-year terms.
Given that the AAP currently holds more seats in the MCD House, one might assume that they are in a stronger position. However, their ability to push through key proposals depends on whether they can also secure a majority in the Standing Committee. Without control of this committee, any legislation or expenditure proposal the AAP wishes to pass could be blocked, rendering their majority in the House less effective.
Shifting Political sands
Since the BJP emerged victorious in seven out of twelve zones while the ruling AAP proved its majority in the remaining five zones of the MCD, the political equations are in favour of the saffron party. Despite facing defeat after 15 years of rule in the country’s second-largest civic agency, the BJP has outshined the ruling dispensation by gaining a majority in more zones.
Now the figure is in favour of BJP as it has nine members in the Standing Committee while the AAP has eight members. One seat is vacant after the resignation of BJP’s Standing Committee member Kamaljeet Sehrawat who was elected Member of Parliament from West Delhi Lok Sabha seat. Now even if the Mayor conducts an election for the vacant seat and gets success in electing its member, then still the tally will be equal. And, in that situation, both sides will have equal chances to get their candidate elected for the prestigious Chairman post
Buoyed by its victory in seven zones after breaking away four councillors from the AAP fold and witnessing cross-voting in its favour in the recently held elections at the zonal level, the saffron party believes that it will manage to win the vacant seat with the support of several AAP councillors who are not in good terms with their top leadership in the civic body.
“We need the support of 16 councillors from the opposite side to get our one member elected for the vacant seat and if nine councillors of the Congress walk out then we need a lesser number of councillors. The irony is that AAP’s top leadership tactfully withheld election of Chairman and the matter was heard by the Supreme Court. It’s been almost 22 months since the municipality started operating without the formation of the Standing Committee,” said a BJP councillor not wishing to be named.
He further said that the ruling and opposition party councillors have been facing the wrath of people in their respective wards due to the pending works. Even now, when the apex court cleared the air (SC upholding that Delhi L-G has the power to nominate aldermen to the MCD), the ruling party is making efforts to derail the process of formation of the Standing Committee which has irked its councillors. In these circumstances, they may favour the BJP to get its member elected and this is the reason why the party is hopeful to snatch the key wing of the civic body, he added.
If BJP wins in the Standing Committee, it will not only be a major embarrassment for the AAP which ended 15 years of rule of BJP in the MCD, it will be very difficult for them to ensure smooth functioning of the municipal body. It is important to mention that no proposal or agenda can be tabled in the House without getting the go-ahead from the Standing Committee. Suppose the BJP gets a majority in the Standing Committee and holds or rejects a proposal or item under any circumstances, then the House has no authority to take up the matter. Notably, the Standing Committee is like the Cabinet which takes policy decisions and sends them to the House for final approval.
Politically, it will be a win-win situation for the saffron party which lost the municipality elections in 2022, while for AAP it will become a difficult task to fulfil promises, which they made during the elections. Its impact will also be visible in the upcoming Delhi Assembly elections as the BJP will leave no stone unturned to attack AAP which has made tall promises.
Now, the scenario is that the BJP is in the race despite facing defeat in MCD polls, while AAP has a 50 per cent chance even after getting the majority in the civic agency.
How Congress can play Kingmaker
Though the Congress has only nine members in the MCD House, it may play a major role in electing a member to the Standing Committee. Both AAP and Congress were together as INDIA bloc partners and had jointly fought Lok Sabha elections in Delhi. During that time, AAP got the support of Congress councillors in MCD as well as Chandigarh municipality during the mayor election. The AAP, however, announced to go solo in the upcoming Delhi Assembly elections scheduled in January next year and the Delhi Congress leaders started making strategy accordingly. Now if Congress extends its support to the AAP, then it will be next to impossible for BJP to elect its member for the vacant seat. The role of Congress will also be important as it has to go alone in the upcoming assembly elections. If Congress councillors favour AAP then the state unit will have to convince its voters that it again sided with the party which is not willing to fight assembly elections together.
MCD’s vegetative state
For nearly two years, the MCD has been functioning without the Standing Committee. This has significantly affected the civic body’s financial matters as funds above Rs 5 crore require the panel’s approval while the municipal commissioner can take a call on matters up to Rs 5 crore. This affected a range of works, including the procurement of textbooks for schools and maintenance of public parks.
Advantage BJP
By winning seven of the 12 zones, the BJP is in the race to have a majority in the Standing Committee despite facing defeat in MCD polls in 2022. The Standing Committee, which gets 12 members from as many MCD zones and six from the House, is a panel of 18 elected councillors. This decision-making body holds considerable financial and administrative powers, often surpassing the mayor in terms of actual power.