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Supreme Court of India 2023-02-17 allowed

Shelly Oberoi & Anr vs Office of Lieutenant Governor of Delhi & Ors

Bench: 3 — Dr Dhananjaya Y Chandrachud, Pamidighantam Sri Narasimha, J B Pardiwala

In Brief

Following elections to the Municipal Corporation of Delhi in December 2022, a dispute arose over whether nominated members (aldermen) could vote in the election of the Mayor. The Supreme Court held that the Constitution and the Delhi Municipal Corporation Act expressly prohibit nominated members with special knowledge or experience from voting in any Corporation meetings, including the first meeting where the Mayor is elected. The Court directed that the Mayor must be elected first at the initial meeting, with nominated members barred from voting, and the newly elected Mayor must then preside over elections for the Deputy Mayor and Standing Committee members, with the voting restriction continuing to apply.

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Municipal Law Constitutional Law Elections Municipal Corporations Voting Rights Administrative Law Governance

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