The Himachal Pradesh High Court has issued an interim order staying a state government clarification that permitted local Members of the Legislative Assembly (MLAs) to vote in elections for the posts of president and vice-president of municipal councils and nagar panchayats.
Court's Interim Order
A Division Bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma passed the order while hearing a batch of petitions challenging the government's interpretation of provisions governing urban local bodies. The petitions were filed by elected councillors from various municipal councils across the state.
Petitioners' Arguments
The petitioners argued that while MLAs may be entitled to participate in meetings of municipal bodies and vote on resolutions, they do not have a statutory right to take part in the election of presidents and vice-presidents. According to them, the authority to elect the heads of municipal bodies rests exclusively with elected councillors. They further contended that nominated members are not permitted to vote in such elections, and extending similar voting rights to MLAs would be inconsistent with the legislative framework governing urban local bodies.
Court's Observations
Prima facie accepting the submissions made on behalf of the petitioners, the Division Bench stayed the government clarification. As a result, until further orders are passed, MLAs will neither be entitled to participate in nor cast votes during elections for the posts of president and vice-president of municipal councils and nagar panchayats across the state.
Impact and Next Hearing
The matter has been listed for further hearing on June 17. The interim order is expected to have a significant impact on the ongoing process of electing leadership in urban local bodies across Himachal Pradesh. This development underscores the judiciary's role in ensuring that statutory provisions are strictly adhered to in the functioning of local self-government institutions.
