The scheduled election for the Mayor of Delhi Municipal Corporation on 26 April was deferred. Reasons cited include complications in the appointment of the presiding officer. Alongside, LG has provided some reasons for the cancellation of the elections. Essentially, MCD had proposed to conduct the election for Mayor and Deputy Mayor on 26 April 2024, under Section 35(1) of the Delhi Municipal Corporation Act 1957. Under Section 77 (A) of the same act, a presiding officer is appointed, ensuring an independent and fair electoral process.
The Lieutenant Governor of Delhi, V.K. Saxena, wrote to the Chief Secretary that appointing a presiding officer under the GNCTD Act is crucial for conducting the elections. Section 45 I(4)(viii) of the GNCTD Act states that the proposal for the appointment of the presiding officer must be presented to the Lieutenant Governor for approval through the Chief Minister and the Chief Secretary. This is essential for maintaining the integrity of the election process and the powers prescribed by law.
In accordance with the procedure, the Lieutenant Governor finalizes the name of the presiding officer upon the proposal from the Chief Minister of Delhi. With the Chief Minister currently in judicial custody, it is not feasible to conduct the election due to legal obligations.
Note that in the absence of the Chief Minister's recommendation, names of 250 councillors were submitted for the presiding officer, but advancing this process without the involvement of the Chief Minister could lead to legal and constitutional incongruities. Without the approval on the proposal from the Chief Minister, no one can be appointed as presiding officer.
According to LG, it is thus crucial that in such circumstances, the purity of the law and the democratic process is maintained. After a thorough discussion, it was decided that it would be inappropriate to make a decision regarding the appointment of the presiding officer without input from the Chief Minister.
In view of how the MCD operates, its actions have a significant impact on public service, and it is vital that these proceedings do not adversely affect the MCD. To ensure this, it was proposed that the elections be postponed in accordance with Section 36(1) of the Act, and the current Mayor and Deputy Mayor maintain their positions. So, exercising his administrative authority, LG ordered that the current Mayor and Deputy Mayor continue in office for the time being.
