SEC orders preparation of Electrol roll in 36 wards of Shimla MC
State Election commission today ordered to prepare the electrol roll in 36 wards of Shimla MC to conduct the Shimla MC poll after it as the term of present MC is already over on June 17, 2022. State Election Commissioner Anil Khachi issued a notification for draft publication of electoral rolls as on July 6, 2022, Period for filing claims and objections before Revising Authorities July 7, July 15, 2022, Period for deciding claims and objections by Revising Authorities within ten days from the filing of claims and objections, Period for filing appeals before the Electoral Registration Officers within three days from the order passed by the Revising Authorities Period for deciding appeals by the Electoral Registration Officers on or before 05th August 2022 and Final Publication of electoral rolls On or before 8th August 2022 . SEC also notify that 1 ” July , 2022 would be qualifying date to determine the eligibility of an elector for registration in the electoral roll under HPMC Election Rules , 2012 . Electoral Registration Officers shall issue notice of final publication of Electoral Rolls as per program notified by the Commission . The finally published electoral rolls shall be uploaded on the official website of the Commission. Commission said on March 10, 2022 has published 41 wards in respect of Municipal Corporation Shimla in the Official Gazette of Himachal Pradesh. It said that Civil Writ Petitions (No. 1391& 1442) were filed in the Himachal Pradesh High Court wherein delimitation of five wards i.e. 6 – Summerhill , 9 Boileauganj , 11 – Tutikandi , 12 – Nabha and 13 – Phagli was challenged before the High Court . HC vide its order dated June, 2022 has directed the Deputy Commissioner Shimla to dispose of the objections moved by the petitioners qua these wards afresh in accordance with law ; And whereas the matter with regard to delimitation of the above mentioned five wards is still under consideration of the competent authorities. SEC in exercise of the powers vested under the Constitution of India , Sec 9 of the HOMC Act , 1994 read with Rule 14 of the HPMC Rules , 2012 issues notification Schedule for preparation of polling station wise electoral rolls in respect of remaining 36 wards of Municipal Corporation Shimla. It is worthwhile to mention that Tenure of present house is already expired on June 17, 2022 however SCE could not issue the notification of Election process for Shimla MC. No Mayoral or Administer of Shimla MC
There is no local self goverment in Shimla MC since June 18, 2022 however Shimla MC Commissioner Ashish Kohali told us on Tuesday that under MC act there is no proviso to appoint Administrator in MC. Now MC without house could not pass projects and proposal above rupees ten lakh however till Election would be completed the he could clearly project bless than Rs 10 lakh only. The matter is discussed with Chief Secretary about the rule governing the civic body without having house. There is no provision of Adminstrator and it is there for the circumstances of house dissolve premature. Now state government also awared about recent Supereme Court Judgement in SS Mahajan v/s state of Madhya Pradesh & others which held on March 22, 2022 that Election of civic bodies couldn’t be postponed after expiring the tenure and state and state election commissioner is bound to prepare for the Election before completion of terms. No litigation in High Court and subordinate courts would effect this three members orders if Supereme Court, Commissioner added.
