Breaking News: Court Rejects Arvind Kejriwal’s Appeal

Delhi court rejects Arvind Kejriwal's plea for more legal meetings in custody, citing misuse of time, issuing orders through lawyers.
Court rejects Arvind Kejriwal’s plea for more legal meetings in jail
Court rejects Arvind Kejriwal’s plea for more legal meetings in jail

A Delhi court on Wednesday rejected chief minister Arvind Kejriwal’s plea for five legal meetings, as against two at present, while in judicial custody on the grounds that he had not been utilising the allotted time for the intended purpose, noting that in one such meeting, he had issued order to a cabinet minister. Breaking News: Court Rejects Arvind Kejriwal’s Appeal

Special judge Kaveri Baweja said in her order: “The status report/note filed by the investigating agency indicates that the applicant had dictated certain directions for being passed on to the water minister (Atishi), to one of his lawyers (whose name he refused to disclose to the investigating agency) during the course of a legal meeting.”

In court, the Enforcement Directorate opposed the request, contending that being a public figure and a chief minister did not grant him special privilege to run the government from prison. The agncy further argued that Kejriwal had been passing orders through his lawyers, as revealed in statements recorded under the Prevention of Money Laundering Act (PMLA). Two such orders were issued by the Aam Aadmi Party (AAP) convener while he was placed in ED custody on March 21.

The court agreed with the ED.

Rejecting Kejriwal’s plea for parity with AAP parliamentarian Sanjay Singh, who was allowed legal meetings thrice a week, the court noted that the earlier order was issued without proper consideration of relevant jail rules or hearing opposing arguments.

Read here: Delhi court dismisses Kejriwal’s application seeking to increase legal meetings

The court observed that Kejriwal’s application lacked specific details of the cases against him, making it challenging to assess the sufficiency of permitted legal meetings. It deemed his request for five legal meetings per week as arbitrary and lacking factual basis. Breaking News: Court Rejects Arvind Kejriwal’s Appeal

The court further noted that Kejriwal, like any other inmate, was subject to the law and jail rules. It cited a Delhi high court order from March 2024 that held that elected representatives were not exempt from the law. Breaking News: Court Rejects Arvind Kejriwal’s Appeal

Kejriwal has been in judicial custody since April 1. His petition challenging the arrest and seeking release from jail was dismissed by the Delhi high court on Tuesday, citing prima facie sufficient evidence of money laundering. Breaking News: Court Rejects Arvind Kejriwal’s Appeal

The ED alleges that Kejriwal was involved in a conspiracy involving a ₹100-crore bribe over changes in the 2021-22 excise policy. The case was initially taken up by the Central Bureau of Investigation (CBI) on the recommendation of Delhi LG V K Saxena in July 2022.

Delhi mayoral elections set for April 26: Officials

The mayoral elections are an annual exercise, held in first meeting of the civic body’s yearly cycle
Delhi mayoral elections set for April 26: Officials
The term of the incumbent mayor, Shelly Oberoi, ended on March 31, but she will continue in her position till a new mayor is elected. (HT Photo

The Municipal Corporation of Delhi (MCD) on Wednesday announced that this year’s mayoral polls will be held on April 26, with the post reserved for a Scheduled Caste candidate in this election cycle.

Civic body officials said that nominations for the post can be filed till April 18, adding that consent for the polls has been sought from the Election Commission of India, in light of the upcoming general elections.

The mayoral elections are an annual exercise, held in first meeting of the civic body’s yearly cycle which starts in April. The term of the incumbent mayor, Shelly Oberoi, ended on March 31, but she will continue in her position till a new mayor is elected, officials said. In addition, elections for a deputy mayor will also be held in the same meeting, but there is no reservation mandated for the post. The current deputy mayor is Aaley Md Iqbal.

A meeting notice issued by municipal secretary Siva Prasad KV on Wednesday stated that MCD’s ordinary April meeting will be held on April 26 at 11 am, and the elections of the mayor and deputy mayor will be held in the same meeting. The mayor’s office stated that Oberoi approved the election meeting.

A second order issued by Prasad said that section 35 of the Delhi Municipal Corporation (DMC) Act, 1957 (amended 2022) provides that the corporation “shall in its first meeting in each year elect one of its members to be chairperson to be known as mayor and another member to be deputy mayor… The office shall be reserved for a member who is woman in first year and in favour of member belonging to Scheduled Caste for the third year”. Breaking News: Court Rejects Arvind Kejriwal’s Appeal

The mayoral polls will be the first electoral challenge for the Aam Aadmi Party (AAP) since chief minister Arvind Kejriwal — the AAP national convener — was arrested by the Enforcement Directorate on March 21 in connection with alleged irregularities in the Delhi excise policy 2021-22.

The AAP and the Bharatiya Janata Party (BJP) did not comment on the development.

An MCD official familiar with the election process said that prospective candidates are given at least a week to file their nominations.

“Once nominations are completed, the election file will go from the municipal secretariat to the commissioner, who will forward it to the urban development department. It will finally reach lieutenant governor VK Saxena’s office through the chief minister’s office for nominating a presiding officer to hold the elections,” the official said.

However, as Kejriwal is currently lodged in Tihar jail, it is unclear whether the file will still need to be signed by the chief minister. Breaking News: Court Rejects Arvind Kejriwal’s Appeal

Anil Gupta, the former chief law officer at MCD, said that it was not clear whether Kejriwal’s arrest and subsequent incarceration at Tihar jail will have a bearing on the finalisation of the election schedule. Breaking News: Court Rejects Arvind Kejriwal’s Appeal

“The convention has been that the file goes through the urban development department and CM, but section 77 of the DMC Act just states that at a meeting for the election of a mayor, the administrator— the lieutenant governor — shall nominate a councillor who is not a candidate for such election to preside over the meeting. The power vests with the administrator,” he said. Breaking News: Court Rejects Arvind Kejriwal’s Appeal

Electoral college

The electoral college for electing a mayor comprises Delhi’s 250 councillors, 10 parliamentarians (seven Lok Sabha, three Rajya Sabha), 14 legislators nominated by the state assembly speaker, and 10 aldermen who do not do not have voting powers in the house proceedings. Breaking News: Court Rejects Arvind Kejriwal’s Appeal

For the elections, the AAP has the support of 134 councillors from its party, along with another independent councillor. In addition, the party also has the support of three Rajya Sabha MPs (all AAP) and 13 legislators. Breaking News: Court Rejects Arvind Kejriwal’s Appeal

The BJP, on the other hand, claims the support of 104 councillors, along with another independent councillor, as well as seven Lok Sabha members and one MLA.

Meanwhile, the Congress has nine councillors, along with the support of another independent councillor. Breaking News: Court Rejects Arvind Kejriwal’s Appeal

To be sure, cross voting is permitted in these elections as anti-defection laws do not apply.

Gupta said the seven Lok Sabha MPs — all BJP leaders — will be able to participate in the elections as they technically remain parliamentarians till the House is dissolved.

Past elections in current house

Oberoi, the AAP councillor from East Patel Nagar, was elected mayor in the previous two elections held on February 22, 2023 and April 26, 2023 — both marred by controversies and legal battles.

In the February 2023 polls, Oberoi received 150 votes against BJP’s Rekha Gupta, who received 116 votes. After a two-month tenure, elections were held afresh in April 2023, in which Oberoi was elected unopposed — BJP candidate Shika Roy withdrew her nomination at the last moment. Breaking News: Court Rejects Arvind Kejriwal’s Appeal

However, Oberoi is ineligible for this electoral round as the post of mayor is reserved for a Scheduled Caste candidate. Breaking News: Court Rejects Arvind Kejriwal’s Appeal

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