New Disqualification Authority Notified
The Himachal Pradesh government has issued a notification designating the Divisional Commissioners of Shimla, Kangra, and Mandi as the competent authorities to examine and decide cases related to the disqualification of municipal councillors. The notification, issued by the Principal Secretary of Urban Development, invokes sub-section (5) of Section 8 of the Himachal Pradesh Municipal Corporation Act, 1994, empowering these commissioners to hear, examine, and adjudicate such matters.
Shift from Director of Urban Development
Previously, the Director of the Urban Development Department held these powers and issued orders in cases where councillors were found to be beneficiaries of encroachments on government land. This change comes shortly after the mayoral elections in the municipal corporations of Solan, Palampur, Mandi, and Dharamsala.
Political Implications in Solan
The development holds particular significance for the Solan Municipal Corporation, where the Congress party is seeking to improve its position ahead of the election of the Mayor and Deputy Mayor. In the 17-member house, the BJP secured 10 seats, the Congress won six, and an Independent candidate took one seat. Sources indicate that efforts are underway to examine allegations against two BJP councillors, which could potentially alter the arithmetic in the civic body.
Encroachment Allegations
According to officials, a tehsildar is investigating allegations of encroachment on government land involving relatives of BJP councillor Rekha Sahni. Meanwhile, a report concerning alleged encroachment on Central government land by BJP councillor Rohit Bhardwaj has reportedly been forwarded to the state government. Under the law, any councillor facing possible disqualification must first be issued a notice and provided an opportunity to present objections before a final decision is taken.
Precedent of Disqualification in Civic Polls
The issue of disqualification has already surfaced in the civic polls. BJP candidate Piyush Garg was earlier disqualified from contesting the election by the Assistant Returning Officer over alleged encroachment on government land, though the order was subsequently set aside by the High Court.
Delayed Mayoral Election
Uncertainty continues over the election of the Mayor and Deputy Mayor in the Solan Municipal Corporation. Although elections to the civic body were held on May 17 and results declared on May 31, the process of constituting the house has been delayed. The Deputy Commissioner has now notified June 29 for administering the oath of office to the 17 elected councillors, but no mention has been made of holding the election for the two top posts on the same day. This marks a departure from the state government's June 11 notification, which had envisaged the first meeting of the newly elected councillors being held immediately after the oath-taking ceremony for electing the Mayor and Deputy Mayor.
Legal Requirements for Election
As per the Himachal Pradesh Municipal Corporation Act, 1994, the support of three-fourths of the total strength of the house—13 councillors in the case of Solan—is required for the election of the Mayor and Deputy Mayor in the first meeting. If the election is not held in the first meeting, subsequent meetings can elect the office-bearers through a simple majority.
Political Analysis
Political observers say the numbers continue to favour the BJP. Even if two councillors face disqualification and the Congress secures the support of the Independent councillor and the local MLA's vote, the party would still only be able to draw level with the BJP and would require an additional vote to secure the mayoral post.
BJP Response
Reacting to the developments, BJP Solan city president Shailendra Gupta said the party was examining the legal implications of the recent moves and would challenge any action that violated legal provisions.
