The interim order was passed by Vacation Judge Justice Romesh Verma on June 8 while hearing a writ petition filed by elected councillors Seema and another member who had unsuccessfully contested the elections for the posts of president and vice-president, respectively. The petitioners have challenged the June 4 election proceedings, alleging that the local MLA, an ex-officio member of the MC, was allowed to cast a vote despite legal provisions and earlier court directions to the contrary.In the election to the top post of Chamba civic body, Congress-backed Bhuveneshwari Gulati was elected president and Jitender Arya as vice-president.During the hearing, the petitioners contended that the Municipal Council, Chamba, comprises 11 elected Ward members, yet election records showed that 12 votes were cast in the election for the two posts. They argued that the additional vote was that of the MLA and that such participation violated Article 243R of the Constitution and the Himachal Pradesh Municipal Election Rules, 2015.A significant aspect of the case is an earlier Division Bench order dated June 4, 2026, which had prima facie held that permitting ex-officio members, including MLAs, to vote in elections to the offices of president and vice-president of municipal bodies would amount to a breach of the Municipal Act and Election Rules. The Division Bench had directed authorities to conduct the election process “without any right of ex-officio members (Members of the Legislative Assembly) to cast their votes.”After examining the record alongside the constitutional provisions, municipal election rules and the earlier Division Bench directions, Justice Verma observed that the petitioners had been able to establish a prima facie case warranting interim protection.
मुख्य विवरण
The court specifically noted that the matter required consideration in light of Article 243R of the Constitution, Rules 89, 90 and 91 of the Himachal Pradesh Municipal Election Rules, 2015, and the directions already issued by the Division Bench.Consequently, the court directed all parties to maintain status quo regarding the election proceedings conducted on June 4. In a major setback to the newly elected office-bearers, Justice Verma further ordered that the operation, implementation and effect of the election results, any gazette notification issued thereafter, consequential orders, oath-taking ceremonies and assumption of office proceedings shall remain stayed until the next date of hearing.The order effectively puts on hold the functioning of the newly elected president and vice-president of the Municipal Council, Chamba, pending adjudication of the dispute over the legality of the voting process.The matter is now scheduled to come up for further hearing on June 15.The Baisakhi Sale Plan offers an excellent value of 2 years of subscription + 6 months complimentary.If you proceed with this purchase, your current monthly subscription plan will be immediately cancelled.