Photo used for indicative purpose only. Source internet
Shimla, June 7
In a significant interim order with major implications for urban local body politics in Himachal Pradesh, the Himachal Pradesh High Court has directed the State Election Commission to conduct elections for the posts of President and Vice-President of Municipal Councils and Nagar Panchayats without allowing MLAs, who serve as ex-officio members, to cast their votes. However, the court clarified that the results of these elections would remain subject to the final outcome of the pending petitions.
A division bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma passed the order on June 4, while hearing a batch of petitions challenging the voting rights of ex-officio members in the election of municipal heads. The court examined provisions of Article 243R of the Constitution, the Himachal Pradesh Municipal Corporation Act, 1994, and the Himachal Pradesh Municipal Election Rules, 2015.
The court observed that while MLAs are ex-officio members of municipal bodies and enjoy voting rights in various meetings, the statutory scheme governing the election of Presidents and Vice-Presidents specifically envisages participation only by elected members.
It noted that the Election Rules repeatedly refer to “elected members” as proposers, seconders and electors in the process of choosing municipal chairpersons.
The bench further held, prima facie, that permitting MLAs to vote in these elections could undermine the autonomy of local self-government institutions and dilute the mandate given by voters to elected municipal representatives.
It also stayed a 2023 clarification issued by the Urban Development Department that had supported voting rights for ex-officio members in such elections.
Directing authorities to proceed with the elections, the court ordered that only elected councillors shall participate in electing Presidents and Vice-Presidents.
The judges emphasized that the arrangement is purely interim and that the validity of the elections and related legal questions will ultimately depend on the final judgment in the petitions.
Petitioner include former CPI(M) Mayor Sanjay Chauhan, Vandhana Kumari and Nandani Sood.
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