'Did not nominate Satya Sharma as presiding officer for MCD meet out of thin air': Delhi LG hits back at Arvind Kejriwal

New Delhi: Lieutenant Governor VK Saxena nominated Satya Sharma as the protem presiding officer of a Municipal Corporation of Delhi (MCD) meeting by the process of elimination from a list of six names sent to him by the AAP government, Raj Niwas officials said on Saturday. Chief Minister Arvind Kejriwal wrote a letter to Saxena on Friday, accusing him of "blatant misuse of powers" in matters of appointment of a presiding officer and an alderman to the MCD.

"Elected government is supposed to nominate MCD aldermen. It was shocking and saddening how LG dictated his pickings without consulting the government.

"The tradition of appointment of senior most councillor as presiding officer was thrown to the winds and elected government's power of appointing presiding officer infringed by the LG," Kejriwal had alleged in the letter to Saxena.

My letter to Hon’ble LG

Pl allow the elected govt to fulfil dreams of 2 cr people. Lets respect the Constitution. Lets strengthen democracy. pic.twitter.com/UIHxmoPI6Q — Arvind Kejriwal (@ArvindKejriwal) January 6, 2023

"Contrary to the claims being made by the chief minister and his colleagues in the Aam Aadmi Party, the Delhi LG scrupulously adhered to the constitutional provisions, Acts and statutes while nominating the interim (protem) presiding officer for the newly-elected MCD," a statement issued by the LG's office said.

Saxena did not nominate Sharma as the presiding officer out of thin air, it added.

Sharma's name, along with those of five other councillors, was sent to the LG by the MCD or the AAP government for consideration to be selected as the presiding officer, the statement said.

The other names were Mukesh Goel, Preeti, Shakeela Begum, Hemchand Goel and Neema Bhagat.

Despite the LG enjoying unbound legal discretion to select any councillor who was not in the race for the post of mayor or deputy mayor, he selected Sharma from the six names sent to him through the chief minister and the deputy chief minister on the basis of the universally-accepted process of elimination, the statement said.

Mukesh Goel, a five-time councillor, was eliminated because of an investigation into a charge against him of "seeking Rs 1 crore for a party ticket in the recently-concluded MCD election", it added.

Preeti was eliminated because of the criminal cases pending against her. Begum and Hemchand Goel were eliminated on the basis of their educational qualification. Begum has not studied beyond Class 5 and Goel is a high-school graduate, the statement said.

Between Bhagat (MA) and Sharma (BA), both from the Bharatiya Janata Party (BJP), the latter was selected because of her prior experience of serving as a mayor.

The statement said section 77(a) of the Delhi Municipal Corporation (DMC) Act, 1957, which deals with the appointment of a "presiding officer at meeting for the election of mayor", stipulates that the "administrator" will nominate a councillor to the post.

It is unequivocally provided for vide section 2(1) of the Act that the "administrator" means the LG, they added.

The LG, who is the "administrator", has nominated 10 people in pursuance of the powers vested in him vide section 3(3)(b)(i) of the Act, the statement said.

Section 3(3)(b)(i) of the Act says: "10 persons who are not less than 25 years of age and who have special knowledge or experience in municipal administration, to be nominated by the administrator."

This is the factual, legal and constitutional position and any attempt to deviate from it or create confusion regarding it by the AAP is nothing but its "characteristic politics of deceit, blatant lies and deliberate attempts at misleading" people, the statement said.