Directing Mayor Shelly Oberoi to declare forthwith the results of the MCD standing committee poll held on February 24, the Delhi High Court on Tuesday set aside her decision to call for a repoll to elect six members.
Calling the act of the mayor in rejecting the ballot after the stage of scrutiny and determination of quota “bad in law”, Justice Purushaindra Kumar Kaurav said the mayor, also the returning officer, acted beyond her powers and her decision was legally impermissible.
“Writ petition is allowed. Impugned order is set aside. Returning officer is directed to declare the result forthwith,” read the court order, which came on petitions by BJP councillors Kamaljeet Sehrawat and Shikha Roy against the mayor’s decision to order repoll for six MCD standing committee seats.
The high court had stayed the repoll on February 25.
The petitioners had alleged that the mayor, who belongs to AAP and was the returning officer, wrongly invalidated one of the votes and interdicted the election process upon finding the results “politically unpalatable”
The mayor had on February 24 announced fresh polling for electing six members of the Municipal Corporation of Delhi (MCD) standing committee on February 27 at 11 am amid clashes between the BJP and AAP councillors in the municipal House.
Oberoi had told the court that re-polling was essential to ensure free and fair elections following the “ruckus” in the House .
The petitioners had argued that there is no enabling provision in law which empowered the mayor to call for a repoll or a recounting.
(With PTI inputs)
