Shimla, September 24
The Himachal Pradesh High court today quashed the order passed by the Deputy Commissioner Shimla Aditya Negi for delimitation process in five Shimla Minicipal Corporation wards terming the order against the previous high court order.
The division bench of justice Sabina and Sushil Kukerja passed the verdict against the order of Deputy Commissioner Shimla Aditya Negi to set aside the objection raised by two former counselors in Summerhill and Phagli wards . Advocate for Rajeev Thakur one of the petitioner learned counsel Sanjeev Bhushan said that HC observed ina strongly worded order that Deputy Commissioner have passed impugned order against the intent of high court’s previous order to conduct delimitation of five ward a afresh.
The deputy commissioner passed the impugned orders on 24th June, 2022. which was also upheld by Divisional Commissioner Shimla. Both petitioner and former counselors Rajiv Thakur and Simi Nanda challenged it in high court again.
In the 8 paged order passed by the High court said that orders passed by DC Shimla on June 24 and February 24, 2022, revealed that the order passed by respondent had been set aside the objection . The petitioner moved in the high court again as
deputy commissioner rejected the objections filed by the petitioner.
Court said that deputy commissioner stated operative part of the impugned order dated 24th June, 2022, that he found no merits in the objections raised by Smt. Simmi Nanda and therefore, dismiss the objections.
Court held that DC also self affirmed the delimitation order (dated 24.02.2022) terming it as per the provisions laid down in the H.P. Municipal Corporation Act, 1994 and H.P. Municipal Corporation (Election) Rules, 2012. Court said that June 24 , 2022 order of DC Shimla shows that while passing the order he has upheld the order dated 24th February, 2022, whereas, the said order had been set aside by this Court. The Court said that Deputy Commissioner while making the observations reproduced above, has treated itself as a Court of appeal, little realizing that while passing the impugned order dated 24th June, 2022, the earlier order dated 24th February, 2022 was held to be passed as per the provisions of the Act and Rules, although, the said order had been set aside by this high Court.
The bench said that observations of June 25 order also states that the order dated 24th February, 2022 passed in accordance with the provisions of the Act and Rules. It appears that DC has passed June 24 order without going through the contents of the order passed by this Court dated 3rd June, 2022.
We are amazed and shocked that the order, which had been categorically set aside by this Court, has been held to be a good order by deputy commissioner while passing the impugned orders. Court also set aside June, 24 2022 order stating that it has not been passed as per the directions given by this Court vide order dated 3rd June,2022. Hence, the impugned orders dated 24th June, 2022, passed by DC Shimla is liable to be set aside.
Court allowing the petition said that impugned orders dated 24th June, 2022, passed by DC are also set aside. Court asked and directed the DC Shimla for second time to pass afresh order in conformity with the order passed by this Court dated 3rd June, 2022 and dispose of the objections moved by the petitioners afresh, in accordance with law, after appreciating the material available on record.
