The Himachal Pradesh High Court on Monday directed the State Election Commission of the state to announce the Shimla Municipal Corporation elections within a day.
Himachal Pradesh government’s move to postpone the Municipal Corporation elections failed to find favour with the High Court which not only set aside the notification issued by State Election Commission for delaying the polls but also set 24 deadline for the issuance of a fresh notification on Election schedule.
A Division Bench comprising of Justice Tarlok Singh Chauhan and Justice Chander Bhusan Barowalia has also directed for constitution of new house of Municipal Corporation by June 19, 2017. In its verdict spread over 46 pages, The Division Bench said “the action of the respondents (State Election Commission and Deputy Commissioner, Shimla) in postponing the election , even though presumed to be bonafide, cannot be countenanced or upheld as the same is contrary to the Constitutional mandate of Article 243U……… Accordingly, the order passed by State Election Commission on 9.5.2.17 is quashed and set-aside.”
The Bench said “State election commission shall forthwith and no later than 24 hours of the receipt of this judgment frame a programme for general elections of the Municipal Corporation and take all consequential action so as to ensure that the elections are held no later than June 18, 2017.”
The High Court further said, “The respondents SEC shall ensure that the new body of duly elected representatives of the Corporation is constituted latest by Jun 19. 2017.”
Affirming the finality of electoral rolls published on May 5, 2017, the High Court said, “the election shall be conducted on the basis of the final electoral rolls published on May 05, 2017 subject to the proviso as contained in Rule 25 of the Himachal Pradesh Municipal Corporation.”
The High Court in its decision has also spelled the conclusion of the incumbent MC house on June 4 and said that the elected and nominated body of the existing Municipal Corporation should not be permitted to be in office after June 4. 2017.
Disposing of the plea the Bench said, “it shall further be the duty and responsibility of the State Government to put in place a proper mechanism so as to ensure that the working of the Corporation does not suffer on account of implementation of this judgment.”
The Shimla MC elections were last held in May 2012 and the new body with a five-year term was constituted on June 4, 2012. The MC is the oldest in the country after those in Chennai and Kolkata.
Mayor Sanjay Chauhan and Deputy Mayor Tikender Panwar, both from the CPI-M, were elected in May 2012 to the top posts through first-ever direct elections in the corporation, which the Congress ruled for 26 years in a row.