Ending confusion over local body elections in Himachal Pradesh, the Supreme Court on Monday allowed MLAs—who are ex-officio members of municipalities—to cast their votes in the election of presidents and vice-presidents of municipal corporations and nagar panchayats.
A Bench led by Chief Justice of India Surya Kant stayed the Himachal Pradesh High Court’s June 4 interim order barring ex-officio member MLAs from casting their votes in election of presidents and vice-presidents of local bodies.
“As a consequence, wherever the elections of municipalities have been held hitherto, the members of the Legislative Assembly representing the constituencies that comprise wholly or partly in the area of the municipality shall be entitled to vote for the election of the office bearers of the municipality,” said the Bench which also included Justice V Mohana.
The Bench, however, said results of the elections of such office-bearers shall be subject to final decision of the High Court.
Issuing notices to 11 petitioners, who moved the High Court seeking to debar the MLAs from casting their votes in the election of presidents and vice-presidents of the municipalities, the Bench posted the matter for further hearing on August 17.
The top court’s order came on a petition filed by the Himachal Pradesh Government challenging the High Court’s order.
Pointing out that the impugned order came on petitions challenging the validity of the Himachal Pradesh Municipal Act, 1994, which were still pending, senior advocate Madhavi Divan submitted on behalf of the Himachal Pradesh Government that the High Court could not have deprived the MLAs of their right to vote in the middle of the electoral process.
“What the Act (of 1994) does not provide, how can the court provide by a judicial order?” the CJI wondered.
Referring to the constitutional scheme and provisions of the Himachal Pradesh Municipal Corporation Act, 1994, and the Rules made under it, the High Court held that though ex-officio member MLAs had the right to vote but they could not exercise their franchise if there were elections for president and vice-presidents of the municipalities.
