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'Illegal and unconstitutional': Atishi says AAP will move top court against BJP's win in MCD standing committee

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NEW DELHI: Delhi chief minister Atishi on Saturday said that the Aam Aadmi Party will move the Supreme Court after Bharatiya Janata Party won the lone vacant seat in the Municipal Corporation of Delhi ( MCD ) standing committee.

The Delhi CM accused the BJP of "murdering" democracy and claimed that the election of a member of the MCD's standing committee was "illegal and unconstitutional."

"The country runs by the Constitution and laws, not by hooliganism. So the BJP should stop murdering democracy," she said, adding that the standing committee member's election was held in violation of the Delhi Municipal Corporation (DMC) Act, 1957.

"According to the rules, only the mayor can decide the date and place for the election of the MCD standing committee members. Only the mayor can preside over a meeting of the MCD councillors for the election," Atishi added.

The Delhi CM also said that the lieutenant governor can not call a meeting of the House, yet LG gave the order.

"Flouting democracy, Constitution and laws, and on the lieutenant governor's instructions, the election of the standing committee member was conducted by making an additional commissioner of the MCD the presiding officer instead of the mayor," she said.

"The LG or the officers do not have the power to call a meeting of the House, yet the LG gave the order, the commissioner obeyed it and called a meeting of the corporation for the election. And instead of the elected mayor, an IAS officer became the presiding officer," she added.

This comes a day after, BJP's Sunder Singh won the election against AAP 's Nirmala Kumari who did not get any vote as her party and Congress abstained from voting.

Delhi mayor Shelly Oberoi had directed the MCD commissioner to conduct the elections for the sixth seat on October 5.

Meanwhile, Delhi BJP president Virendra Sachdeva refuted Atishi's allegations and said that the chief minister's remarks were "completely driven by political self-interest" and aimed at spreading "confusion".

"Atishi should know that under section 45 of the DMC Act, the formation of the standing committee is mandatory. Under section 487, the LG and the municipal commissioner have the authority to convene a meeting of the corporation under special circumstances and they can appoint a presiding officer for the meeting," Sachdeva said.

He added that Atishi should also explain why the AAP is not allowing the appointment of a Dalit mayor in the MCD in the third year of its tenure, as mandated by the DMC Act.

"She is attempting to divert public attention from the AAP's loss in the standing committee election and the lack of unity among the party's councillors," Sachdeva said.
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