HC quash DC Shimla order about  delimitation of Shimla MC 2nd time

Himachal Pradesh High court today quashed the order passed by the Deputy Commissioner Shimla Aditya Negi of delimitation process in five Shimla Mincipal Corporation wards terming the order against the previous high court order. The division bench of justice Sabina and Shushil Kukerja passed 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 Petitioner learned counsel Sanjeev Bhushan told UNI said that HC observed in the 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. 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 Siminanda challenge it in high court again. In 8 paged order passed by the High court today 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 show 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 have 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.  Courts  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.