Declaring Friday’s election illegal and unlawful, Mayor Dr Shelly Oberoi has directed MCD Commissioner to hold the Standing Committee election on October 5, with proper notice to all Councillors and legal compliance.
This was announced at a joint press conference held by AAP senior leader Manish Sisodia and Mayor Dr Shelly Oberoi on Friday on the LG’s machinations on BJP’s instructions to illegally hold the election of the sixth member of the Standing Committee of MCD, murdering democracy and constitution. The Mayor has also shot off a missive to the Commissioner, MCD in this regard.
Addressing the media, Manish Sisodia said last night, I told you how the BJP under Narendra Modi’s direction is tearing apart democracy. Every day, the BJP is committing new acts of killing democracy, constitution and the soul of India. Last night, these people were trying to postpone the election of the standing committee of the Municipal Corporation of Delhi. The Mayor (Dr Shelly Oberoi) tried to hold the election yesterday, but could not (as there was pandemonium in the House). “So, using her power as Mayor, given to her legally, she fixed the next date of the election. She fixed the next date for the convening of the House, which constitutionally and legally comes under her jurisdiction,” he said.
“But the Lieutenant Governor ordered the MCD Commissioner to hold the election the same day (Thursday) by 10 pm in the presence of the Mayor/deputy mayor/any senior councilor. While the councilors of the AAP and the Congress went away (as the election had been postponed), the BJP continued to be around,” shared Manish Sisodia.
Manih Sisodia said that good sense prevailed upon them; they did not conduct the election last (Thursday) night. But now they want to hold the election at 1 pm (on Friday). What was the tearing hurry _ there has to be some conspiracy that the election was to be held at 10 pm. On top of that, they are killing democracy by holding elections at 1 pm in the presence of the additional commissioner of MCD, ignoring the mayor, deputy mayor and senior councilor, which is most dangerous. How is it possible?
“MCD is the House of elected representatives, and the election can be presided over only by an elected member _ mayor, deputy mayor, senior councillor _ and an official can never have such a power,” he said.
Recounting the murder of democracy in the Chandigarh mayoral election on January 30 this year, Manish Sisodia said (presiding officer Anil) Masih tarnished his image before tearing apart the democracy. Similarly, the Commissioner, MCD _ at LG’s behest and he, in turn, on BJP’s instructions _ is tarnishing the image of law and constitution by ordering the convening a meeting of the House to be presided over by an official. “This has never happened in the history of the country or the world. Only an elected member can preside over the meeting of a house of elected representatives,” he said.
The former deputy chief minister said that is why it is said that the BJP has no regard for constitution and democracy. Can the BJP convene the meeting of an assembly under an additional secretary (official) if the Speaker of the House is not available? “Can an additional secretary/secretary preside over the meeting of Parliament. They have made a mockery of democracy,” he said.
Manish Sisodia said people choose their representatives, who take decisions in a democratic manner in the meetings of Parliament, assemblies or municipal corporation/council. But these people want the meetings of the elected people to be presided over by officials. It is difficult to describe the extent to which the BJP has shamed Indian democracy.
Manish Sisodia said that the LG has got a letter issued from MCD Commissioner Ashwani Kumar on Thursday mentioning that MCD Additional Commissioner Jitendra Yadav will preside over the meeting of the House at 1 pm. The MCD functions as per its own Act. It is clearly written in Section 74 of the MCD Act that only the Mayor has the right to call a meeting of the House and in the absence of the Mayor, Deputy Mayor or both, any senior councillor can preside over it. The senior councillor can also preside only when all the elected people decide. “But the LG and the Commissioner have no power to convene the council meeting and chair it. Ordering the Additional Commissioner to preside over the meeting is a mockery of elections and democracy. If this happens, in future these people will make the officers preside over the meetings of the assemblies and Parliament,” he said.
Manish Sisodia questioned Prime Minister Narendra Modi and BJP that if tomorrow PM Narendra Modi or the Speaker is not present, can an IAS officer preside over the Parliament meeting. “If an IAS officer cannot preside over the Parliament meeting, then how is an IAS officer being made to preside over the meeting in MCD. The BJP should be ashamed of this and should maintain the dignity of the Constitution,” he said.
The former deputy chief minister said although the people of the country have started removing the BJP from power, but it should not happen that while coming down from power, these people completely tear the Constitution to pieces.
In response to a question, Manish Sisodia said the Aam Aadmi Party will participate in the Standing Committee election scheduled on October 5. “It is unconstitutional to conduct the Standing Committee election under the chairmanship of the Additional Commissioner and the Aam Aadmi Party will not participate in it, he said.
Mayor Dr Shaili Oberoi said that the BJP has repeatedly tried to run the Municipal Corporation House in an unconstitutional manner. The order issued late on Thursday night to hold elections at 1 pm on Friday is completely unconstitutional. As the Mayor, it is my responsibility to ensure that the election of the sixth member of the Standing Committee is conducted in a fair and transparent manner. “I have written a letter to the MCD Commissioner and instructed that today’s election is completely illegal. On Thursday, in the House, I have fixed October 5 as the date for holding the election of the Standing Committee and this election will be held on October 5 only,” she said.
The Mayor said the BJP will have to understand that the way it is trying to run the MCD and repeatedly interfering is completely unconstitutional. “The people of Delhi have completely understood the way the Aam Aadmi Party is being harassed by putting pressure on the officials. We will conduct elections on October 5 only,” she said.