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The Supreme Court on Tuesday agreed to hear a petition by AAP’s mayoral candidate Shelly Oberoi seeking judicial intervention a day after the mayoral polls were stalled for the third time in a month.
Appearing before a Bench led by Chief Justice of India D.Y. Chandrachud, senior advocate Abhishek Manu Singhvi, representing Ms. Oberoi, said the causes for the delay were “brazen” and amounted to “murder of democracy”.
“They have let the nominated members vote despite Article 243R of the Constitution,” Mr. Singhvi submitted.
The Article states that “all the seats in a municipality shall be filled by persons chosen by direct election from the territorial constituencies in the municipal area”.
The case will be heard on Wednesday by a Bench led by the CJI.
Ms. Oberoi had moved the Supreme Court on January 27, pleading for a swift and timely conduct of the mayoral polls after the House was stalled twice — January 6 and 24.
However, Ms. Oberoi later withdrew her application while seeking permission to move the court again in case the aldermen were allowed to vote.
Soon after the House was adjourned on Monday, senior AAP leader Manish Sisodia had said that the party would seek the Supreme Court’s intervention for an impartial conduct of the mayoral elections.
1‘Have enough evidence’
AAP chief spokesperson Saurabh Bhardwaj said the party had shared with the apex court evidence of the BJP-led Centre trying “to form its own government within the MCD through unfair means”.
“We have videos that show how the BJP councillors started creating a ruckus in the House on Monday while AAP councillors sat quietly. The BJP councillors indulged in hooliganism and shouted slogans, following which the House was adjourned. This means that the whole conspiracy [to stall the House] had been planned,” he said on Tuesday.
The results of the MCD polls were announced on December 7, where AAP secured the majority with 134 wards in the 250-member House, followed by the BJP with 104 wards.