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Aam Aadmi Party has approached the Supreme Court for the Delhi Municipal Corporation (MCD) elections. It has been said in the petition that the State Election Commission has postponed the announcement of elections at the behest of the Central Government. It interferes with the autonomy of the Commission. The term of MCD is ending in May. Elections should be held in April.
Aam Aadmi Party’s authorized representative Durgesh Kumar has filed this petition. Ankush Narang and Manoj Kumar Tyagi are also co-petitioners in the case. In the petition filed through advocate Shadan Farasat, it has been said that the State Election Commission was preparing for the elections for a long time. He had published several notices informing that elections would be held in April.
It has been told in the petition that on March 9, the State Election Commission asked to organize a press conference to announce the election schedule. This press conference was to be held at 5 pm. But after a while the commission postponed the press conference by issuing a press note. In this press note, the commission said that a letter has been sent to it by the Lieutenant Governor of Delhi. In that letter, he has told that the central government wants to merge the three MCDs into one. Therefore, the announcement of the election program is being postponed for the time being.
reference to this case
The petitioners have referred to the Supreme Court’s judgment in 2006 in the case ‘Kishan Singh Tomar Vs Municipal Corporation, Ahmedabad’. In this judgment, the Supreme Court had said that the autonomy and freedom from political interference that the Central Election Commission enjoys under Article 324 of the Constitution is similar to that of the State Election Commission. In such a situation, not announcing the election of the State Election Commission at the behest of the Central Government is against this autonomy.
The Aam Aadmi Party has said that in the Delhi Municipal Corporation Act, 1957, a provision has been made for the municipal corporation to have a tenure of 5 years. The tenure of the three municipal corporations is ending in May. In such a situation, the party has demanded that the Supreme Court directs the Delhi Election Commission to conduct elections in April itself as per the predetermined schedule.
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