In a big jolt to the AAP, the Supreme Court on Monday ruled the lieutenant governor does not need the Delhi Government’s advice to appoint an alderman in MCD, as per the Delhi Municipal Corporation Act, 1993. The apex court bench, headed by CJI DY Chandrachud, said the lieutenant governor's power to nominate members to the civic body was statutory and not executive. 

Justices PS Narasimha and JB Pardiwala were also part of the bench which delivered the key verdict. 

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"It was 1993 Delhi Municipal Corporation Act which first vested the power to nominate on LG. the power expressed by the statute on LG shows the statutory schemes in which power is distributed. Delhi LG is expected to act as per the mandate of the statute and not the aid and advice of council of ministers," Bar and Bench quoted the SC as stating.  

Arvind Kejriwal-led Delhi Government moved the top court asserting that the L-G was bound to act on the aid and advice of the council of ministers in nominating 10 aldermen to the Municipal Corporation of Delhi (MCD). In its plea, the Delhi government said the LG were to either accept the names proposed by the former for MCD or refer it to the President. 

The Supreme Court pronounced its verdict on the government’s plea after reserving it for nearly 15 months. On May 17 last year, the court had remarked that granting the Lieutenant Governor the authority to nominate aldermen to the MCD could allow him to undermine an elected civic body.

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The verdict was delivered after MCD Mayor Shelly Oberoi flagged concern as the standing committee of the MCD could not be constituted due to the pendency of the case.