As Delhi high court defers hearing, MCD Budget clearance in doubt
The elected House of the councillors could not hold a fresh meeting until April 24, since the high court was yet to decide a challenge to the elections to the powerful Standing Committee
New Delhi: Nearly four months after the results to the civic polls were announced on December 7, the Municipal Corporation of Delhi (MCD) continues to be in a mess with the annual Budget and formation of key civic panels in a limbo even as the corporation is staring at a fresh mayoral elections.
The elected House of the councillors could not hold a fresh meeting until April 24, since the high court was yet to decide a challenge to the elections to the powerful Standing Committee even as the tenure of the current Mayor, elected on February 22, was set to come to an end on March 31.
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A senior municipal corporation official said that the civic body has written to the Delhi government on Thursday seeking a special permission to hold the Budget session before March 31, 2023. Even though the Special Officer who was appointed to oversee the transition period until the first meeting of the House had cleared the tax proposals, the councillors were yet to approve the remaining Budget proposals.
According to Section 109 of the Delhi Municipal Corporation Act, rates of municipal taxes, and other levies were to be approved on or before February 15, and the rest of the Budget had be cleared before March 31.
A Delhi government spokesperson did not comment on the MCD’s request.
In a house meeting marred by violence, mayor Shelly Oberoi had announced fresh elections for six members of the Standing Committee on February 27. However, the high court stayed the re-election on February 25 on a petition by BJP councillors, who alleged that the Mayor acted beyond her powers.
After MCD House concluded elections to the post of Mayor and deputy mayor on March 23, after three failed attempts. But the standoff between the ruling Aam Aadmi Party (AAP) and the opposition Bharatiya Janata Party (BJP) has ensured that there was no further progress.
Besides, the ward committees and subject-specific panels were also yet to be formed since they were consequent upon the elections to the Standing Committee.
A senior official from the municipal secretariat said that since the first meeting of the House has not been concluded a new meeting cannot be convened.
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A second MCD official said that the process to clear the annual municipal Budget and further elections of the MCD committees are now in the “legal grey area”. “The Budget needs to be cleared by the corporation’s House before March 31, 2023. Such a situation has not been specified in any provision of the DMC Act, and the civic body is in a state of policy paralysis,” the second official said.
Former chief law officer of North MCD Anil Gupta said the DMC (Amendment) Act, 2022, under which the three civic bodies in Delhi were merged, empowers the central government to remove any difficulty that arises in giving effect to the provisions of this Act for a period of two years, by an order published in the Official Gazette. “Since there in no clarity over this matter, the LG or the Central government has to intervene. The Special Officer was the custodian of the House and could have cleared the Budget, but with the election of the Mayor, that post ceased to exist,” he added.
Mayor Shelly Oberoi did not comment on the matter.