SEC or Yes EC? A look at the poll panel in Delhi MCD row
As the Delhi civic polls, originally scheduled for April, hang in the balance, a political slugfest has ensued between the Aam Aadmi Party (AAP) and the Bharatiya Janata Party (BJP) over the BJP-ruled Centre’s alleged bid to delay it by proposing to unify the three Municipal Corporations of Delhi (MCDs). At the centre of this raging row is the Delhi State Election Commission (SEC), a body mandated with the task of conducting the MCD polls.
What is the row over the MCD polls?
On March 9, the Delhi SEC had scheduled a press conference at 5 pm to announce the schedule for elections to the North, South and East MCDs. However, in an unprecedented move, the Centre wrote to the SEC at 4 pm on the same day to inform the poll body about its intention to unify the three corporations. The SEC was thus forced to call off its press conference and defer the declaration of MCD poll dates. The current tenure of the MCDs ends on May 18.
On March 22, the Union Cabinet gave its nod to The Delhi Municipal Corporation (Amendment) Bill, 2022, which seeks to merge the three corporations and give complete control of the civic body to the Centre. While there has been a long-standing demand for the MCDs’ merger, the timing of the Centre’s move just ahead of their scheduled polls has raised questions.
The AAP, which rules Delhi, has accused the Centre of allegedly pressuring the SEC due to the saffron party’s “fear” that it may lose the MCD polls. The BJP has been ruling the MCDs for the last 15 years and grappling with “anti-incumbency”. On the other hand, riding high on its stunning victory in the recent Punjab Assembly elections, the AAP is eyeing to wrest the civic bodies from the saffron party. While keeping its guns trained on the BJP and its central dispensation, the AAP has also fired salvos at the SEC and its Commissioner, alleging that they have given in to the Centre’s “threats” and “inducements”.
What are the Delhi SEC’s functions?
State Election Commissions (SECs) are constitutional entities mandated with the task of conducting municipal and panchayat elections. Like all poll bodies, they must be free from any political influence or government intervention. Since Delhi does not have panchayat polls, the SEC is tasked in the national capital with the conduct of only the civic polls.
According to the Delhi SEC’s website, 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”. It “also performs as such authority for U.T. Chandigarh under the relevant Election Laws of the said U.T”.
After its formation, the Delhi SEC has been conducting the MCD polls once every five years. It is a single-member body, with administrative officials working under the Commissioner, who is appointed by the Lieutenant Governor and has a tenure of six years or until he reaches the age of 65 years, whichever is earlier. Currently, S K Srivastava is the Commissioner, who will demit office on April 20. A 1980-batch IAS officer, Srivastava had been the chief secretary of Delhi and Goa, vice-chairman of the Delhi Development Authority, and secretary-coordination in the Cabinet Secretariat in the past.
When was the Delhi SEC formed?
The Delhi SEC was constituted in October 1993. Its website states: “Delimitation of wards was done on the basis of 1991 Census, and orders were issued under the signature of Administrator, Delhi on 30-12-1993. Order regarding reservation of seats was issued by the SEC on 24-03-1994.”
Does the Delhi SEC have any connection with the Delhi Chief Electoral Office (CEO)?
No. The Delhi CEO and the Delhi SEC are separate constitutional entities. Unlike the Delhi CEO, the SEC does not have any national poll body supervising it. “While the SEC was constituted under Article 243, the Delhi CEO has been established under Article 324. There is no connection between them. The SEC is an independent body whose task is to conduct third-tier elections (MCD polls), whereas the Delhi CEO is a body that falls under the Election Commission of India (ECI), whose job is to conduct the Assembly and Lok Sabha elections,” said secretary to the State Election Commissioner, Sandeep Mishra.
So, does the Delhi CEO have no role to play in the MCD polls?
The only role the Delhi CEO plays with regard to the MCD elections is by providing electoral rolls to the SEC. “The preparation of electoral rolls is done by the CEO office, and we adopt these rolls for the MCD elections,” said Mishra. “This is done because it is a laborious task, so it does not make sense for two bodies to be engaged individually in doing it. For the sake of convenience, we may seek some help and resources from them like the list of polling stations. But other than that, the two bodies have nothing to do with each other. They work completely independently.”
