The Supreme Court on Monday allowed Members of the Legislative Assembly (MLAs) in Himachal Pradesh, who serve as ex-officio members of municipalities, to cast their votes in the election of presidents and vice-presidents of municipal corporations and nagar panchayats. This decision ended the confusion surrounding local body elections in the state.
Supreme Court's Interim Order
A Bench led by Chief Justice of India Surya Kant stayed the Himachal Pradesh High Court's June 4 interim order that had barred ex-officio member MLAs from voting in these elections. The Bench, which also included Justice V Mohana, stated that the MLAs representing constituencies that wholly or partly comprise the municipality area are entitled to vote for the election of office bearers.
Conditions and Next Steps
However, the Bench clarified that the results of such elections would be subject to the final decision of the High Court. The Supreme Court issued notices to 11 petitioners who had sought to debar MLAs from voting and scheduled the next hearing for August 17.
Government's Argument
The top court's order came in response to a petition filed by the Himachal Pradesh government challenging the High Court's order. Senior advocate Madhavi Divan, representing the state government, argued that the High Court could not deprive MLAs of their voting rights midway through the electoral process. The Chief Justice of India remarked, "What the Act (of 1994) does not provide, how can the court provide by a judicial order?"
Background
The High Court had earlier held that while ex-officio member MLAs have the right to vote, they could not exercise it in elections for president and vice-president of municipalities, citing the constitutional scheme and provisions of the Himachal Pradesh Municipal Corporation Act, 1994, and its rules.
