Shelly Oberoi vs. Office Of Lieutenant Governor Of Delhi

ITEM NO.40 COURT NO.1 SECTION X

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s).152/2023

SHELLY OBEROI & ANR. Petitioner(s)

VERSUS OFFICE OF LIEUTENANT GOVERNOR OF DELHI & ORS. Respondent(s) (FOR ADMISSION and IA No.28115/2023-GRANT OF INTERIM RELIEF) Date : 17-02-2023 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Dr. A M Singhvi, Sr. Adv. Mr. Shadan Farasat, AOR Mr. Amit Bhandari, Adv. Ms. Hrishika Jain, Adv. Mr. Shourya Dasgupta, Adv. Ms. Mreganka Kukreja, Adv. Mr. Aman Naqvi, Adv. For Respondent(s) Mr. Tushar Mehta, SG Mr. Kanu Agrawal, Adv. Mr. Padmesh Mishra, Adv. Mr. Sanjay Kr.Tyagi, Adv. Mr. Arkaj Kumar, Adv. Mr. Shreekant Neelappa Terdal, AOR Mr. Sanjay Kumar Jain, A.S.G. Mrs. Garima Prashad, Sr. Adv. Mr. Nishit Agrawal, AOR Ms. Kanishka Mittal, Adv. Ms. Vanya Agrawal, Adv. Mr. Maninder Singh, Sr. Adv. Mr. Gaurav Sharma, AOR Mr. Dhawal Mohan, Adv. Mr. Prateek Bhatia, Adv. Mr. Prabhas Bajaj, Adv. Mr. Paranjay Thripathi, Adv. Digitally signed by Sanjay Kumar Date: 2023.02.18 13:13:34 IST Reason:

Mr. Ranjit Kumar, Sr. Adv. Mr. Neeraj, Adv. Mr. Amit Tiwari, Adv. Mr. Aman Jha, Adv. Mr. Surender Gupta, Adv. Mr. Rishi Tutu, Adv. Ms. Megha Sharma, Adv. Ms. Akanksha Gupta, Adv. Mr. Shoumendu Mukherji, AOR

UPON hearing the counsel the Court made the following O R D E R

• 1 In terms of the signed reportable judgment, we issue the following directions:
  • (i) At the first meeting of the Municipal Corporation of Delhi, the election shall be held first for the post of Mayor and at that election, the members who are nominated in terms of Section 3(3)(b)(i) of the Act shall not have the right to vote;
  • (ii) Upon the election of the Mayor, the Mayor shall act as the presiding authority for conducting the election of the Deputy Mayor and the members of the Standing Committee at which also the prohibition on the exercise of vote by the nominated members in terms of Section 3(3)(b)(i) shall continue to operate; and
  • (iii) The notice convening the first meeting of the Municipal Corporation of Delhi shall be issued within a period of twenty four hours. The notice shall fix the date for convening the first meeting at which the election of the Mayor, Deputy Mayor and members of the Standing Committee shall be conducted in terms of the above directions.
• 2 The petition is allowed in the terms indicated in the signed reportable judgment.

2

3 Pending applications, including the application for impleadment, stand disposed of.

(SANJAY KUMAR-I) (SAROJ KUMARI GAUR) DEPUTY REGISTRAR ASSISTANT REGISTRAR (Signed reportable judgment is placed on the file)