The Supreme Court observed nominated members of the MCD cannot vote in the mayoral election. (File)
The Supreme Court will today resume hearing the plea filed by Aam Aadmi Party's (AAP) mayoral candidate Shelly Oberoi seeking early holding of the mayoral election for the Municipal Corporation of Delhi (MCD).
In its previous hearing, on Monday, the Supreme Court bench headed by Chief Justice DY Chandrachud observed that "nominated members cannot go for election," vindicating the Aam Aadmi Party's assertion.
"The constitutional provision is very clear," the bench observed as it posted the matter for hearing today.
The election has been postponed to a date after February 17.
Amid a prolonged tussle between the AAP and the BJP, there have been three failed attempts to elect the Mayor.
Delhi Lieutenant Governor VK Saxena had earlier accepted a proposal by Chief Minister Arvind Kejriwal's party to hold the election on February 16.
The Mayor could not be elected when the councillors met on January 6 and 24, and February 6, due to protests by the BJP and AAP after 10 MCD members nominated by the Lieutenant Governor were allowed to vote.
The electoral college for the election of the MCD mayor comprises 250 elected councillors, seven Lok Sabha and three Rajya Sabha MPs from Delhi and 14 MLAs. The Delhi Assembly Speaker has nominated 13 AAP MLAs and a BJP member to the civic body.
AAP won 134 wards and the BJP 104 in the civic body polls held in December last year. A BJP rebel, who had contested as an independent, rejoined the party after winning from the Mundka ward. The total votes in the mayoral polls are 274. The numbers game favours AAP, which has 150 votes against the BJP's 113.
With inputs from PTI