Himachal HC issues notice on petition challenging amendment to Municipal Corporation Act

Shimla, Aug 21

The Himachal Pradesh High Court has issued a notice in response to a petition filed by Shailender Gupta challenging a recent notification dated August 18, 2024.

The petition was brought before a Division Bench consisting of Chief Justice M.S. Ramachandra Rao and Justice Satyan Vaidya on Wednesday.

Senior Counsel Sudhir Thakur, representing the petitioner, argued that the Congress government had made amendments to the Himachal Pradesh Municipal Corporation Act, mandating that during elections for the positions of Mayor or Deputy Mayor, the votes cast by councilors must be shown to agents of their respective political parties. Thakur contended that this amendment undermines the basic spirit of the law and is unconstitutional, warranting its repeal.

The petitioner sought an immediate stay on the provision, especially in light of the upcoming Mayor elections. However, the counsel for the state government countered that the amendment would have no immediate effect as the Supreme Court had already stayed the Mayor elections the previous day.

The High Court, after hearing the arguments, issued a notice and scheduled the next hearing for four weeks later.

The case highlights the ongoing political tensions in the state, particularly after the Congress candidate for Mayor in the Solan Municipal Corporation lost the election despite the party holding a majority, due to cross-voting.

The outcome of this legal challenge could have significant implications for future municipal elections in Himachal Pradesh.