The Lucknow High Court on Thursday ordered that the functioning of the Lucknow Municipal Corporation would continue by treating the mayor's position as one of casual absence. This decision came a day after the court froze Mayor Sushma Kharkwal's administrative and financial powers for failing to administer the oath to a corporator elected from the Faizullaganj ward, despite a previous court order.
Background of the Case
A bench comprising Justice Alok Mathur and Justice Syed Qamar Hasan Rizvi had directed the state government to ensure immediate compliance with its order. The bench fixed May 29 as the date for the next hearing. The court warned that if the order was not complied with, the mayor would have to appear personally and explain why contempt proceedings should not be initiated against her.
Court's Observations
The detailed order, uploaded on the high court website on Friday, observed: "Constitutional courts are not powerless spectators where their orders are repeatedly ignored by statutory authorities." The order was passed while hearing a petition filed by the newly elected corporator, Lalit Kishore Tiwari.
The court clarified that freezing the mayor's powers was not punitive in nature but a constitutional measure aimed at securing compliance with judicial directions. In its May 13 order, the high court had directed the mayor to administer the oath to the petitioner within seven days and file a compliance affidavit. It had also warned that in case of non-compliance, both the mayor and the Lucknow district magistrate would have to appear personally before the court.
Reiteration of Judicial Authority
Reiterating its stand, the court stated that repeated disregard of judicial orders could not be permitted under any circumstances. The bench emphasized that the mayor's failure to comply with the court's directive necessitated the freezing of her powers to ensure the smooth functioning of the municipal corporation.
This development highlights the judiciary's commitment to upholding its orders and ensuring that statutory authorities adhere to legal directives. The next hearing on May 29 will be crucial in determining further actions against the mayor.
