Voting Rights to Legislators in Civic Body, Petition filled in the High Court
The current barb between the ruling Congress and the Opposition BJP in the state over extending the special provision of voting in civic bodies to concerned MLAs has now gone to court as a former councilor has challenged the decision in the Himachal Pradesh High Court.
Solan Municipal Corporation Councillor Shailendra Gupta has challenged the voting rights of MLAs in the High Court and the court is likely to hear the petition today. The court may issue notice to the state government on the petition.
The State Congress government decided 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 the possible fallout of the scheduled Mayoral election in the MC election of Dharmshala and Solan BJP was furious over the move.
In the Waiver, thin majority and the threat of defection in the Civic Body the role of Legislators could be turned the majority in favor of the ruling government by virtue of the Majority in the Assembly.
Earlier MLAs were 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.
