Shimla, Feb 18,
The Supreme Court has admitted a Special Leave Petition (SLP) challenging the Himachal Pradesh High Court’s order concerning removal of Solan Municipal Corporation Mayor Usha Sharma from her post. Earlier, the Apex court had granted an interim stay on the High Court’s decision, which had upheld her removal by the State government. In its interim order dated August 20, 2024, the Supreme Court stated that the operation of the June 10, 2024, order disqualifying Sharma and another councilor, as well as the High Court’s judgment dated June 25, 2024, shall remain stayed.
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A bench comprising Justice Surya Kant and Justice K.N. Singh, during an admission hearing on February 17, allowed the petition with the interim stay to continue as the tentative next date of hearing is scheduled for March 3.
As a result, Usha Sharma will continue performing her duties as Mayor of the Solan Municipal Corporation until further orders. The Supreme Court had earlier stayed the Himachal Pradesh government’s decision dated June 10, 2024, which had disqualified Sharma and Deputy Mayor Poonam Grover as councilors under the anti-defection law.
The disqualification was based on allegations that Sharma and Grover, both Congress members, had defied the party line in the mayoral election. The High Court upheld their removal on June 25, 2024, leading them to seek relief from the Supreme Court. The controversy stems from the Solan Municipal Corporation elections held on December 7, 2023, where Usha Sharma, a Congress councillor, contested and won the mayoral election as an independent candidate against the party’s official nominee. In the same election, BJP councillor Meera Anand was elected as Deputy Mayor. The results were influenced by four Congress councillors rebelling against the party, creating political turmoil within the ruling party.
In response, the State government, led by Chief Minister Sukhvinder Singh Sukhu, invoked the anti-defection law to disqualify Sharma and Grover. However, the Congress party did not formally expel them from primary membership, reflecting internal disagreements. The Supreme Court’s interim stay is viewed as a setback to the state government and Congress leadership, as it allows Sharma to retain her position despite legal and political challenges. The case remains under judicial consideration, and further developments will depend on the detailed order of the court.
