High Court to hear the matter of voting rights to Legislators in Civic Body after four weeks

Himachal Pradesh High Court today fixed the hearing in the matter of voting rights to the members of the legislative assembly in civic body mayoral elections after four weeks.  

The Division bench of Chief Justice MS Ramachandran Rao and Justice Jyotsna Rewal Dua passed the order to hear this matter on merit after four weeks of hearing the counsel of the petitioner.

Talking to UNI, the advocate Sudhir Thakur the counsel for the petitioner Satyender Gupta said that the court said that it would hear the matter on merit after four weeks.

Mr Thakur contented to quash the provision made by the state government last Thursday as Sec 81(c) of the MC act allow elected councilor to be in the collegium for the election of Mayor and all the nominated members are debarred from the casting of vote in the indirect election.

The court directed the state to file a reply to the petition.

It is worthwhile to mention that the current barb between the ruling Congress and the Opposition BJP in the state began over extending a special provision of voting in civic bodies to concerned MLAs now BJP  councilor has challenged the decision in the Himachal Pradesh High Court.

Mr Thakur said that Solan Municipal Corporation Councillor  Shailendra Gupta has challenged the voting rights of MLAs in the High Court and the court would likely hear the petition today. 

The State Congress government has decided on 

 last Thursday to include the sitting MLA of the district assembly constituency as electoral to appoint or elect a mayor and Deputy Mayor.

Chief Minister Sukhvinder Singh Sukhu justified the provision stating that it already exists in Section 4 of Himachal Pradesh Municipal Corporation Act 1994. However, following a possible fallout of the scheduled Mayoral election in the MC election of Dharmshala and Solan BJP was furious over the move.

 In the Waifer thin majority and threat of defection in the Civic Body the role of Legislators could be turned the majority in favor of ruling government by virtue of the Majority in the Assembly.

Earlier MLAs did not designated as electorals and conferred voting rights in the Civic Body therefore no MLAs exercised their voting rights in any municipal corporation.

 It was the fresh move of the Sukhu government to get implement the 1994 amendments with the forthcoming MC Mayoral election which was vehemently opposed by the opposition BJP in the public platform and now they challenged it on the High Court.

 Congress MLA from Dharamshala Sudhir Sharma has also raised questions on the voting rights of MLAs in MC. Election of Mayor-Deputy Mayor in these four MCs.

There are five municipal corporations in the state including Shimla, Solan, Dharmshala, Palampur, and Mandi. Currently, Congress rules in Shimla, Solan Palampur Dharamshala, and Mandi.

The outcome of the High Court petition now impacts Solan and Dharamshala’s scheduled elections however in Palampur and Mandi, Mayor-Deputy Mayor was elected only last week.

BJP had an absolute majority in Mandi and Congress had an absolute majority in Palampur, hence MLA’s vote was not required. But, the vote of the MLA in Solan and Dharamshala could affect the result

In the recent similar petitions filed by the AAP government in the New Delhi MCD poll when nominated councilors were allowed to participate in the Mayoral elections by the BJP govt at centre Supreme Court of India directed the state government to not allow nominated councilors or elder men as voters.