New Delhi: Deputy Chief Minister Manish Sisodia wrote to the MCD Commissioner over the bypassing of the elected state government during Aldermen Nominations on Thursday. He also directed the Commissioner to desist from taking any further action in regard to swearing-in of the illegal nominees. Manish Sisodia stated, “10 persons have been nominated in MCD without sending the nomination file through the Urban Development Department, I am the competent authority in the matter who has been completely bypassed. This nomination is contrary to Article 239AA of the Constitution as well as to the interpretation made by the Constitution Bench of the Supreme Court. It is unfortunate that this kind of action has been resorted to while bypassing the elected government of Delhi. I call upon you to desist from taking any further action upon the illegal notification & with regard to the swearing in of the 10 persons. Files related to such nominations are always sent by the Municipal Corporation through the Urban Development Department, which has not been done in this case.”
Addressing his letter to MCD Commissioner Gyanesh Bharti, Deputy CM Manish Sisodia wrote, “I am constrained to draw your attention to the captioned notification whereby 10 persons have been nominated to the Municipal Corporation, without routing the files with regard to the said process of nomination through the Urban Development Department and my office as Minister-in-Charge of the said Department. You are aware that in terms of Clause 4 of the Transaction of Business Rules, 1993, I am the competent authority vested with the responsibility to take / approve decisions/policies/ actions with regard to the matters which pertain to the Urban Development Department. Indisputably, the Municipal Corporation falls within the administrative authority and jurisdiction of the Urban Development Department.”
He added, “It is unfortunate that such a course of action has been resorted to bypassing the elected Government of the National Capital territory of Delhi, suffice it to say that this is contrary to settled practice with regard to the manner in which such nominations have been made historically in the past. Files pertaining to such nominations are always routed by the Municipal Corporation through the administrative department, namely, the Urban Development Department which unfortunately has not been done in the present instance.”
Delhi Government has complete authority over Local Government
He continued, “This nomination is also contrary to Article 239AA of the Constitution of India as also the interpretation thereof by a Constitution Bench of the Hon’ble Supreme Court in the judgement in State (NCT of Delhi) v Union of India (2018). Furthermore, you are aware that in terms of Entry 5 List II Seventh Schedule to the Constitution, “Local Government” is a State subject over which the elected Government of the National Capital Territory of Delhi has complete legislative and executive decision-making authority and jurisdiction.”
Directing the commissioner to desist from any further action, he concluded, “I call upon you to desist from taking any further / consequent action pursuant to the aforesaid illegal and ill-advised notification and more specifically with regard to the swearing in of the 10 persons referred to there under and instead respect the settled position of law alluded to above of which you are well-aware.”
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