The AAP accuses the BJP of coercing the Election Commission to postpone the Delhi Municipal Elections

*Paromita Das

As the Delhi civic elections, originally scheduled for April, loom, a political brawl has erupted between the Aam Aadmi Party (AAP) and the Bharatiya Janata Party (BJP) over the BJP-ruled Center’s alleged attempt to postpone them by proposing to merge the three Municipal Corporations of Delhi (MCDs). The Delhi State Election Commission (SEC), a body tasked with overseeing the MCD elections, is at the center of this raging feud.

What is the squabble about the MCD polls?

The Delhi SEC had scheduled a press conference on March 9 to announce the schedule for elections to the North, South, and East MCDs. In an unprecedented move, the Centre wrote to the SEC, on the same day to notify the poll body of its intention to merge the three corporations. As a result, the SEC was forced to cancel its press conference and postpone the announcement of MCD poll dates. The MCDs’ current term expires on May 18.

The Union Cabinet approved The Delhi Municipal Corporation (Amendment) Bill, 2022 on March 22, which seeks to merge the three corporations and give the Centre complete control of the civic body.
While the merger of the MCDs has long been sought, the timing of the Center’s move, just ahead of their scheduled elections, has raised concerns.

The AAP, which governs Delhi, has accused the Centre of putting pressure on the SEC due to the saffron party’s “fear” of losing the MCD elections. For the past 15 years, the BJP has ruled the MCDs while contending with “anti-incumbency.” The AAP, on the other hand, is looking to wrest control of the civic bodies from the saffron party, riding high on its stunning victory in the recent Punjab Assembly elections.

While keeping its sights set on the BJP and its central government, the AAP has also launched attacks on the SEC and its Commissioner, claiming that they have caved in to the Center’s “threats” and “inducements.”

What are the duties of the Delhi SEC?

State Election Commissions (SECs) are constitutionally mandated bodies in charge of municipal and panchayat elections. They, like all polling places, must be free of political influence and government intervention. Because Delhi does not have panchayat elections, the SEC is only responsible for conducting civic elections in the national capital.
The “State Election Commission is a constitutional authority appointed by the Administrator, Delhi under Article 243K and 243 ZA of the Constitution of India read with Sec. 7 of the Delhi Municipal Corporation Act, 1957,” according to the Delhi SEC’s website. It “also acts as such authority for U.T. Chandigarh in accordance with the relevant Election Laws of the said U.T.”
Since its inception, the Delhi SEC has held MCD elections every five years. It is a single-member body with administrative officials reporting to the Commissioner, who is appointed by the Lieutenant Governor and serves for six years or until the age of 65, whichever comes first. S K Srivastava is the current Commissioner, and he will leave office on April 20. Srivastava, a 1980-batch IAS officer, had previously served as chief secretary of Delhi and Goa, vice-chairman of the Delhi Development Authority, and secretary-coordination in the Cabinet Secretariat.

When was the Delhi SEC established?

In October 1993, the Delhi SEC was established. According to its website, “ward delimitation was done on the basis of the 1991 Census, and orders were issued under the signature of the Administrator, Delhi on 30-12-1993.” On March 24, 1994, the SEC issued an order reserving seats.”

Is there any relationship between the Delhi SEC and the Delhi Chief Electoral Office (CEO)?
No. The Delhi CEO and the Delhi SEC are constitutionally distinct entities. Unlike the Delhi CEO, the SEC is not overseen by a national polling body. ” The SEC was established under Article 243, whereas the Delhi CEO was established under Article 324. There is no link between them.
“The SEC is an independent body tasked with conducting third-tier elections (MCD polls), whereas the Delhi CEO is a body under the Election Commission of India (ECI) tasked with conducting Assembly and Lok Sabha elections,” said Sandeep Mishra, secretary to the State Election Commissioner.

Does the Delhi CEO have no say in the MCD elections?

The Delhi CEO’s only role in the MCD elections is to provide the SEC with electoral rolls. “The CEO office prepares electoral rolls, and we use these rolls for MCD elections,” Mishra explained.
“This is done because it is a laborious task, and it makes no sense for two bodies to be engaged in it individually.” We may seek assistance and resources from them, such as a list of polling stations, for the sake of convenience. Aside from that, the two bodies have nothing to do with one another. They operate entirely on their own.”

The responsibilities of the Delhi government and the MCD.

While the responsibilities of the Delhi government and the MCD may overlap, here’s a quick breakdown of their duties and responsibilities to help you understand who is responsible for what:

A Mayor leads the MCD, which is divided into three regions: East DMC, North DMC, and South DMC. In terms of responsibilities, MCD is responsible for providing health care facilities and ensuring that steps are taken to prevent the spread of diseases. They are responsible for ensuring water supply, managing the drainage system, and conserving parks and parking lots. They are also in charge of street lighting. In addition, they collect property tax and professional tax.

Most importantly, the MCD is in charge of road maintenance, road construction, and bridge construction. The Engineering Department, which is part of the MCD, is in charge of keeping the public restrooms clean. The MCD is in charge of solid-waste management; in other words, sanitation and waste disposal fall under the purview of the MCD.

 

While the MCD is in charge of primary schools, the Delhi government is in charge of higher and secondary schools. While the MCD is expected to keep the roads and drains clean, the Delhi government is responsible for roads wider than 60 feet. The Delhi government is in charge of collecting the value added tax as well as drafting the state budget.

In terms of transportation, the Delhi government is responsible for larger vehicles such as buses, while the MCD is in charge of small vehicles such as cycle rickshaws. The MCD is also in charge of smaller dispensaries and hospitals, whereas the Delhi government is in charge of larger hospitals and mohalla clinics.