New Delhi: The MCD special privileges committee has proposed fixing accountability for damage to public property allegedly caused by councillors during house meetings by recovering the cost of damage from them.
The move follows the Oct 22 house meeting, during which a discussion on anti-pollution measures in their respective wards turned into a stormy confrontation. In his response, committee chairman Narendra Kumar wrote to mayor Pravesh Wahi on Oct 26, recommending that MCD assess the total loss caused to municipal property and determine the liability of all councillors found responsible. The mayor forwarded the committee chairman’s letter to the MCD commissioner on Nov 5, seeking necessary action. Citing provisions of Delhi Municipal Corporation Act, 1957, the Prevention of Damage to Public Property Act, 1984, and a Supreme Court judgment, Kumar argued that privileges enjoyed by elected representatives cannot be used as a shield against accountability for criminal acts. The letter also referred to section 500 of the Delhi Municipal Corporation Act, 1957, which treats the councillors, mayor and municipal officials as public servants for the purpose of law.
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“They should then be issued notices to deposit their respective share of the damage in the municipal treasury under the appropriate head of account,” the letter said. “Please take necessary steps and inform about the action taken in this regard,” Wahi wrote. He said that the privileges available to elected representatives are limited to their official functions and do not extend to acts such as assault, vandalism or wilful destruction of public property.
In a letter to the mayor recently, the committee suggested issuing notices to the councillors or including the amount in their property tax demand if they fail to pay for the damage caused. Councillors allegedly threw water and papers at each other, damaged microphones and jostled with one another. The commotion forced the house to wind up proceedings without any meaningful discussion. The matter was subsequently referred by the mayor to the special privileges committee for deciding on the necessary action. If any councillor failed to deposit the amount within a stipulated period, the sum could be included in his or her property tax demand and recovered through appropriate proceedings, the chairman suggested. In the letter, Kumar has argued that elected councillors cannot claim immunity from criminal or civil liability after deliberately damaging municipal property, even if the incident happened inside the MCD house during a meeting. Download the TOI App.