The Supreme Court on Friday said the nominated members of the Municipal Corporation of Delhi (MCD) cannot vote in the mayoral election.
A bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala directed that the election of the Delhi mayor shall be conducted at the first MCD meet and once elected, the mayor shall preside over the deputy mayor's election.
"We have heard the counsel for the parties. We are unable to accept the submission on behalf of the municipal corporation. The Constitution has imposed a restriction in terms of which nominated members do not have the right to vote. The prohibition on nominated members in the exercise of the right to vote applies on the first meeting.
"The notice for the election of mayor and the first meeting of the MCD shall be issued within 24 hours and the notice shall fix the date at which the elections of mayor, deputy mayor and standing committee members shall be held," the bench said.
The top court's order came on a plea moved by the ruling Aam Aadmi Party's (AAP) mayoral candidate, Shelly Oberoi, seeking an early conduct of the election.
The apex court had, on February 8, sought the responses of the lieutenant governor's (LG) office, MCD's pro-tem presiding officer Satya Sharma and others on Oberoi's plea.