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 councillor who had unsuccessfully contested the elections for the posts of president and vice-president, respectively.The petitioners challenged the June 4 election proceedings, alleging that the local MLA, an ex-officio member of the Municipal Council, was permitted to cast a vote despite legal provisions and earlier court directions to the contrary.In the election, Congress-backed Bhuvneshwari Gulati was elected president of the civic body, while Jitender Arya was elected vice-president.During the hearing, the petitioners contended that the Municipal Council comprises 11 elected ward members, but election records showed that 12 votes were cast in the election. They alleged that the additional vote was cast by the MLA and argued that such participation violated Article 243R of the Constitution and the Himachal Pradesh Municipal Election Rules, 2015.A key aspect of the case relates to an earlier Division Bench order dated June 4, which had prima facie held that allowing ex-officio members, including MLAs, to vote in elections for the posts of president and vice-president of municipal bodies would be contrary to the Municipal Act and Election Rules.The Division Bench had directed the 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, constitutional provisions, municipal election rules and the earlier Division Bench directions, Justice Verma observed that the petitioners had established a prima facie case warranting interim protection.The court 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 significant setback to the newly elected office-bearers, the court 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 would 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 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.
Himachal Pradesh HC stays Chamba Municipal Corporation president aur vice-president election results
