According to a constitutional rule, the Supreme Court ruled that members who have been nominated are ineligible to vote in elections. The court’s oral ruling was delivered on Monday during the hearing of a case submitted by a leader of the Aam Aadmi Party (AAP) regarding the election of the Delhi Municipal Corporation (MCD). In her petition, Shelly Oberoi argued that nominated members should not be permitted to vote in the municipal elections.
DY Chandrachud, the Chief Justice of India, presided over a three-judge panel that adjourned the hearing till February 17 “Nominated members are ineligible to run for office. The Constitution’s clause is fairly explicit.”
The Delhi Lieutenant Governor’s representative, ASG Sanjay Jain, then informed the bench that the polls may be delayed till the court heard the case.
A brief hearing was held, and CJI Chandrachud stated: “We have a Constitution bench that we cannot break as of tomorrow. Additionally, I have to meet with a group of US judges today and am unable to hear this case in its whole.”
In support of the petitioner, senior attorney Abhishek Manu Singhvi informed the court that Article 243R of the Constitution was very explicit in this regard.
The pro tem Presiding Officer of the House of the Municipal Corporation of Delhi is also called for to be removed in Oberoi’s petition.
