The Indian Express (Delhi Edition)
Delhi govt, CS lock horns again; this time over MCD mayoral elections
EVEN AS it announced that the Mayoral polls were on the agenda for the upcoming sitting of the Municipal Corporation of Delhi (MCD) later this week, the AAP Delhi government and Chief Secretary Naresh Kumar locked horns over modalities related to them on Tuesday.
While Urban Development Minister Saurabh Bharadwaj wrote to L-G VK Saxena alleging that Kumar had “deliberately” bypassed the elected government by sending the file to him directly, and demanded action against the bureaucrat for “deliberate and continuing misconduct”, sources in the bureaucracy accused the senior AAP leader of trying to “enter the shoes” of Chief Minister Arvind Kejriwal who is currently behind bars.
The agenda bore a stamp stating that the internal elections would be held subject to approval from the Election Commission of India (ECI) and the nomination of the presiding officer which, according to the rules, falls under the ambit of the L-G. Both continue to be awaited.
MCD sources said lack of the “two important approvals” might end up becoming significant hurdles in conducting the elections, and could end up pushing them till after the Lok Sabha polls in May.
Officials from the civic body, however, said there was no deadline by which the requisite nods were needed. “These could be received even half an hour before the election is scheduled to take place,” they said.
Meanwhile, a war of words broke out between Bharadwaj and the bureaucracy over the procedural modalities as well as the interpretation of the rules related to the holding of the internal civic polls as well as the appointment of a presiding officer to conduct them.
“The file requesting permission to conduct the polls was moved to the EC on April 20. The real trick that the CS, who delayed the process by three to four days, is trying to pull is ensuring that a BJP Councillor is chosen as the presiding officer. By precedent, it is the outgoing mayor who is the presiding officer; they want to manipulate the MCD polls and affect their outcome just like they had done in Chandigarh,” government sources alleged.
“Why is there so much secrecy in the appointment of the presiding officer for Mayor elections?” Bharadwaj asked, writing to the L-G over the issue. “Every year, the Mayor election file is routed through the elected government but this time, the CS completely bypassed the elected government,” he added.
Bharadwaj asked the L-G to return the file, “process it as per Constitutional provisions” and sought action against Kumar for “his deliberate and continuing misconduct” quoting Supreme Court directions to the effect that while the Chief Secretary may be appointed by the Central Government, they must comply with the directions of the elected government over matters on which their executive competence extends.
Retaliating, sources in the bureaucracy accused Bharadwaj of seeking to acquire powers of CM Kejriwal.
“Section 45-I(4)(viii) of the Government of National Capital Territory of Delhi Act, 1991 provides that matters related to Local Self Government Institutions (i.e. Mcd)...shall be submitted to the L-G through the CM and the Chief Secretary...therefore, the relevant file for nomination of presiding officer for MCD Elections was dealt as per law and sent to the office of Hon’ble CM. It seems the Hon'ble Minister wants to enter in the shoes of Hon’ble Chief Minister,” they said.
In response, the Delhi government accused the Bjp-ruled Centre of seeking to repeat “the same cheating they attempted in Chandigarh Mayor elections”, and the CS of misquoting the relevant sections.
“The CS, working at the behest of the Bjp-ruled Central Government, thinks that he can manipulate the people of Delhi by misquoting some random section or rule...,” it added.