New Delhi, Jan 5 (IANS): Delhi Chief Minister Arvind Kejriwal on Thursday wrote to Lt Governor VK Saxena over the nomination of 10 Aldermen in the MCD, seeking reconsideration of the nomination ahead of the mayoral election on January 6.
"I am constrained to write to you in the backdrop of the captioned notification published in the Delhi Gazette whereby you have in purported exercise of the power under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957 nominated 10 persons as members of the Municipal Corporation, entirely bypassing the Council of Ministers of the democratically elected Government of the National Capital Territory of Delhi", said Kejriwal in the letter.
Kejriwal has said that such series of actions are blatantly unconstitutional, a colourable exercise of power, apart from constituting a fraud on the Constitution and display a worryingly scant regard for the provisions of the Constitution.
"Traditionally, all files pertaining to nominations under Section 3(b)i) are routed through the Urban Development
Department which is the nodal department/Ministry of the Municipal Corporation. Such files are required and have, in past, always been put up to the Minister-in-Charge of Development Department/Ministry. It is, therefore, unfortunate that recently, in a complete departure from this settled practice, files were routed directly by the MCD Commissioner to the Lieutenant Governor completely bypassing the Delhi government. This is contrary to law and the Constitution", the letter reads.
Urging Lt Governor Saxena to reconsider the nominations, Kejriwal has asked him to recall the decision. "I, therefore, respectfully beseech you once again to reconsider the nominations made by you by the captioned notification having due regard to the provisions of the Constitution, the law laid down by the Constitution Bench of the Hon 'ble Supreme Court as also past practice and convention with regard to such nomination, and recall the decision taken by you in this regard", Kejriwal said in the letter.