Municipal elections were held in Delhi on 4 December 2022 to elect 250 councillors of the Municipal Corporation of Delhi. The counting of the votes and declaration of results took place on 7 December 2022.
The Aam Aadmi Party won a simple majority in the corporation. This was the maiden election to the municipal corporation since its reunification in May 2022.[2]
The State Election Commission in Delhi had been preparing for the Delhi Municipal Elections and had issued multiple notices, notifications, and orders indicating that the election was scheduled to take place in April 2022.[7]
On March 9, 2022, the Delhi State Election Commission announced a press conference at 5 PM to release the schedule for the municipal elections planned for April. However, shortly after this announcement, the commission received an unofficial communication from the Lieutenant Governor of Delhi, Anil Baijal, indicating that the Union Government intended to merge the three municipal bodies. This raises critical concerns about the transparency and timing of the communication, as it suggests potential political interference or a lack of coordination between the Union Government and the State Election Commission, undermining the autonomy of the electoral process.[7] No formal communication was issued regarding the merger plans, nor was any such agenda disclosed during the ongoing budget session of the Parliament of India. Following the informal communication from the Lieutenant Governor of Delhi, the press conference to announce the election schedule was indefinitely postponed, and the elections were deferred. This sequence of events raises serious questions about the procedural integrity and transparency of the decision-making process, as well as the timing and legitimacy of the intervention.[7]
Delhi Chief Minister Arvind Kejriwal accused the BJP, the ruling party of India, of using the unification of municipal bodies as a pretext to delay the elections. He remarked, "Can they cancel civic polls for this reason? If they can use such excuses to postpone a minor election, what’s to stop them from delaying state and national elections in the future?"[8]
Delimitation exercise
The Delhi Municipal Corporation (Amendment) Bill, 2022 proposed reducing the number of councillor seats from the existing 272 to a maximum of 250.[9] A three-member delimitation committee was established on July 8, 2022, with a mandate to complete its work and submit a report within four months of its formation. The committee, led by State Election Commissioner Vijay Dev, was tasked with determining ward boundaries based on specific guidelines.
The average ward size was set at approximately 65,000 people, with each assembly constituency divided into a minimum of three wards. While the principle of maintaining an average population per ward was emphasised, deviations of up to plus or minus 10% were deemed acceptable by the Union Government.
The total population of the corporation, as per the 2011 census, was to be divided by the total number of wards to calculate the average population per ward. Additionally, the number of seats reserved for Scheduled Castes was required to reflect the proportion of the Scheduled Caste population to the total population of Delhi.
To ensure accuracy, the delimitation commission utilised digitised maps provided by Geospatial Delhi Limited (GSDL).[10]
Lawsuit to conduct the election
The Aam Aadmi Party (AAP) filed a petition with the Supreme Court, seeking directives for the State Election Commission to conduct a fair and timely election without interference from the Union Government. The plea, submitted by AAP leaders Ankush Narang and Manoj Kumar Tyagi, requested that the elections be held as per the State Election Commission's original schedule, ensuring they take place before the term of the municipal corporations concluded in May.[7]
The plea argued, "The elections have been postponed at the eleventh hour based solely on an informal intimation to the State Election Commission. The commission, established as an independent constitutional authority, is meant to be insulated from political whims and caprices to ensure the conduct of free, fair, and timely elections. Such an arbitrary and sudden alteration of the election schedule, solely at the behest of the government, constitutes a blatant violation of the fundamental democratic principle of impartial election conduct." It further described the incident as a "brazen display of influence by the Government of India over the State Election Commission and an egregious interference in the conduct of municipal elections." The plea accused the Union Government of undermining the commission's independence, asserting that its intervention was the sole reason for the election delay.[7]
AAP criticized the indefinite deferral of the elections as completely arbitrary and questioned the court whether elections, already scheduled and prepared for, could be postponed based on unofficial communications made "at the whim of the Central Government."[7]
State Election Commission response
On March 23, The Indian Express reported, citing unnamed sources, that the State Election Commission had sought legal advice on whether elections could proceed amidst the Union Government's plans to unify the municipal corporations. According to the report, the legal advisors recommended that the commission wait until the ongoing parliamentary session concluded before making a decision. Consequently, the commission was expected to finalise its stance on the elections in the second week of April. The report also highlighted the possibility of ward reorganization in Delhi, which could further delay the elections.[3]
Lawsuit demanding the use of a voting machine with paper trail
In March 2022, the Aam Aadmi Party (AAP) requested that the authorities conducting the elections use Electronic Voting Machines (EVMs) compatible with Voter Verifiable Paper Audit Trail (VVPAT) systems. In response, the State Election Commission of Delhi stated that it had decided to conduct the 2022 MCD elections using second-generation M-2 EVMs, which do not support VVPAT.[11]
A petition was filed in the Delhi High Court by Aam Aadmi Party MLA Saurabh Bhardwaj, seeking a directive for the State Election Commission of Delhi to conduct the MCD elections using Electronic Voting Machines (EVMs) equipped with Voter Verifiable Paper Audit Trail (VVPAT) systems. His legal counsel argued that without VVPAT machines, verifying the accuracy of the EVMs was nearly impossible, and the possibility of tampering could not be ruled out.[11]
In Subramanian Swamy vs. Election Commission of India (2013), the Supreme Court of India recognised the inclusion of a paper trail system in Electronic Voting Machines (EVMs) as essential for ensuring free and fair elections. The petition filed by AAP criticised the State Election Commission's decision to use older second-generation M-2 EVMs without Voter Verifiable Paper Audit Trail (VVPAT) as a direct violation of the Supreme Court's directions, terming it "manifestly wrong" and a "colourable exercise of power." The petition further argued that this decision raised "genuine apprehensions about the sanctity of the entire electoral process."[11][12]
The petition stated, "There are no assembly elections scheduled anywhere in the country after March 7, 2022. Therefore, there should be no impediment in loaning the newer generation EVMs, which are compatible with VVPAT, to the State Election Commission of Delhi for conducting the 2022 MCD elections."[13]
The State Election Commission of Delhi stated that it relied on the Election Commission of India (ECI) for the supply of Electronic Voting Machines (EVMs). The ECI had provided M-2 EVMs, which do not support Voter Verifiable Paper Audit Trail (VVPAT), to the SEC. In court, the SEC of Delhi clarified that it had no objections to using EVMs with VVPAT if the ECI supplied them.[14]
The Election Commission of India (ECI) opposed the plea in court, stating that it could not provide EVMs equipped with VVPAT to the State Election Commission (SEC). The ECI argued that these machines were designated for elections under its supervision and could not be allocated to agencies outside its direct oversight.[13]
AAP argued in court that the EVMs procured by the State Election Commission (SEC) were not compatible with VVPAT and requested the disclosure of the total number of VVPAT-compatible machines available in India. In response, the High Court directed the SEC to clarify which of its procured EVMs were compatible with VVPAT. The court granted the SEC ten days to respond, with the next hearing scheduled for April 29.[14]
AAP released the first list of 134 candidates on 11 November 2022.[21] The second list of 117 candidates was released on 12 November 2022[22] wherein one candidate from the first list was replaced.[23]
BJP released the first list of 232 candidates on 12 November 2022.[24] The second list of 18 candidates was released on 14 November 2022.[25] BJP replaced 7 candidates on 14 November 2022.[26]
Congress released the first list of 249 candidates on 13 November 2022.[27] The list of candidates for the remaining seat, along with replacements for three candidates from the first list, was released on November 14, 2022.[28] Nominations of three Congress candidates was rejected during scrutiny.[16]
^ Wards indicated with 'W' are reserved for women candidates, 'SC' are reserved for Scheduled castes candidates and 'SC-W' for Scheduled Castes woman candidates
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