Explained: How BJP could win the Delhi mayor's post despite AAP's triumph in the MCD polls

The Aam Aadmi Party (AAP) on Wednesday claimed a resounding victory in the Municipal Corporation of Delhi, deposing the Bharatiya Janata Party (BJP) from power in the civic polls.

In the 250-ward municipal corporation, the AAP won 134 wards, while the saffron party put up a valiant battle by bagging 104 wards. The grand-old party Congress finished third with just nine seats.

Despite the AAP’s overwhelming win in the national capital, the post of Delhi mayor may not necessarily fall into its lap. The BJP, after the results were declared on Wednesday, suggested that the mayor’s election is still an ‘open game’. It noted that Chandigarh, where the Arvind Kejriwal-led party was the largest, has a mayor from the BJP ranks.

BJP’s IT department head Amit Malviya, while thanking Delhi people for reposing faith in the BJP and for giving more votes in the wards falling under Kejriwal’s ‘corrupt’ ministers’ constituencies. He added in a tweet, “Now over to electing a mayor for Delhi. It will all depend on who can hold the numbers in a close contest, which way the nominated councillors vote etc. Chandigarh has a BJP mayor, for instance.”

Now over to electing a Mayor for Delhi…

It will all depend on who can hold the numbers in a close contest, which way the nominated councillors vote etc.

Chandigarh has a BJP Mayor, for instance.

— Amit Malviya (@amitmalviya) December 7, 2022

Delhi BJP spokesperson Tajinder Pal Singh Bagga also asserted that the national capital will again have a mayor from his saffron party.

How is the Delhi mayor elected?

The MCD was formed in 1958 under the Delhi Municipal Corporation Act, 1957. The municipal corporation initially in 2012 was divided into three parts and was reunified earlier this year by the Centre. In 2017, the AAP had only won 48 of the 270 municipal wards, while the BJP secured whopping 181 wards. The Congress came in third with 30.

The Delhi Municipal Corporation Act mandates that the MCD hold elections every three years to determine which party will continue to hold power. Section 35 of the Act mandates that the MCD elect a mayor at its first meeting of each fiscal year.

Also read: What MCD poll win means for Delhi and Arvind Kejriwal’s national ambitions

According to the rules, the party with the majority is eligible to nominate its candidate as the mayor when the new fiscal year begins. However, if the rival party nominates its candidate to oppose the winning candidate, an election is held.

Although the mayor's term is one year, the act stipulates that a party must elect a woman as mayor in the first year of its administration and a member of a Scheduled Caste from among its councillors in the third year.

In addition to the elected councillors, 14 MLAs, 10 Lok Sabha and Rajya Sabha MPs from Delhi are eligible to vote in the election. Nominated members do not cast votes.

If there is a tie, a special draw of lots will be conducted by the special commissioner appointed to supervise the polls and the winner will be sworn in as mayor.

Why Delhi mayor’s post may not fall into AAP’s lap?

The BJP has seven MPs in the Lok Sabha, and the Kejriwal-led party has three in the Rajya Sabha. With the addition of the seven MPs, the number of BJP votes in the mayoral race will increase to 111 (including 104 council members).

While the AAP's strength may increase to 151 (subject to the Speaker's approval), including 134 council members, three Rajya Sabha MPs, and 14 MLAs. The 274-member electoral college for the mayoral election is made up of the councillors as well as Delhi's MLAs and MPs.

The BJP is still pinning its hope on electing its mayor in the national capital, despite AAP’s win as anti-defection laws are not applicable to municipal polls. Cross-voting is a common practice during mayoral elections, meaning no party can issue a whip to its councillors to vote in a certain way.

As the MCD elections were held in December this year instead of April, only four months of the mayor’s term are left. Although it is still unclear, elections may take place sooner or later.

BJP-mayor elected in Chandigarh despite AAP’s win

Earlier this year, the BJP succeeded in getting its mayor elected in Chandigarh, despite winning 12 of 35 wards.

The AAP had emerged victorious in the 36-member civic polls by securing 14 wards, while the BJP and the Congress bagged 12 and eight wards, respectively. Shiromani Akali Dal (SAD) had claimed only one ward. The AAP failed to elect its mayor despite securing a majority of 14 candidates.

Seven members of Congress chose not to participate in the vote, and one switched to the BJP. One of the SAD members also did. The BJP and the AAP each secured 14 of the remaining 28 votes. But because one AAP vote was found to be illegitimate, the BJP was able to elect its nominee as mayor of Chandigarh.

Meanwhile, for the unversed, AAP came into power in 2015 and regained it again in 2020 in the national capital.

With inputs from agencies

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