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In a shot in the arm for the ruling AAP, the apex court on Friday also held that members nominated by the LG to the MCD cannot vote to elect the mayor.
The court order is being perceived as a setback for the BJP. The AAP has been alleging that the BJP wants nominated members to vote so that it can "capture" the mayor's post. Nominated members were appointed by LG.
The top court has directed to issue notice for the election of mayor and the first meeting of MCD.
In the first municipal election held after the merger of the MCD and redrawing of constituencies last year, the AAP won 134 of 250 wards. The BJP came in second place with 104 seats.
Oberoi in her plea has sought directions for the elections to take place in a time-bound manner and to ensure that the nominated members are not allowed to vote.