The councillors of AAP on February 5 wrote to MCD's presiding officer seeking debarment of aldermen from voting in election of mayor, deputy mayor and Standing Committee on February 6, saying that if it happens, it will be an insult to the people of Delhi.
Aam Aadmi Party's 134 councillors said nominated members cannot vote in accordance with the Constitution and the DMC Act.
The Delhi municipal House is set to convene on Monday to elect a mayor for the city after failing to complete the poll in two previous attempts.
The councillors have raised their concerns regarding BJP's conduct preceding the election which "shows an intention to influence and manipulate the exercise", according to the letter.
"This is to reiterate that as per the Article 243 R of the Constitution of India and as given in the Proviso to Section 3 (b)(i) of the Delhi Municipal Corporation Act, 1957, the nominated members (aldermen) are not entitled to vote in the elections," the letter said.
Section 3(b)(i) of the Delhi Municipal Corporation Act, 1957 states that "...the persons nominated under this-clause shall not have the right to vote in the meetings of the Corporation." ''It is, therefore, the bounden duty of the Protem Speaker of MCD to respect the law of the land Constitution of India and ensure that these laws debarring the nominated members from voting are implemented in letter and spirits in the ensuing election to the post of Mayor, Dy Mayor and Standing Committee of the MCD," read the letter.
"We, therefore, humbly request you that under no circumstance, the nominated members (aldermen) be allowed to vote in the upcoming elections of Mayor, Dy Mayor and Standing Committee. Any attempt on the part of the nominated councillors (Alderman) to vote in the ... election will be direct affront and insult to the mandate of the people of Delhi which had sent the Aam Aadmi Party with a majority to the MCD in the 2022 elections," it added.
The first two sessions—held on January 6 and January 24—were adjourned by the presiding officer without electing a mayor following a ruckus and acrimonious exchanges among the members of the BJP and the AAP.
While the first session of the 250-member House after the December 4 poll went fully in vain, in the second session, the nominated members followed by elected members took oath.
After the oath-taking exercise, the second municipal House was adjourned till the next date by the presiding officer and BJP councillor Satya Sharma.
