New Delhi, Jun 15 (PTI) The Supreme Court on Monday permitted Himachal Pradesh MLAs, who are ex-officio members of municipalities, to cast their votes in the election of presidents and vice-presidents of civic bodies.
The top court also stayed a June 4 order of the Himachal Pradesh High Court which barred ex-officio member MLAs from casting their votes in election of presidents and vice-presidents.
“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,” a bench of Chief Justice Surya Kant and Justice V Mohana said.
The apex court was hearing a plea filed by the Congress-led state government and others challenging the high court’s interim order.
While permitting the MLAs to cast their vote, the bench made clear that result of the elections of such office bearers shall be subject to final decision of the high court.
The bench, however, issued notices to 11 persons who had approached the high court against any move to permit the MLAs from casting their votes in the election of presidents and vice-presidents of the municipalities.
It posted the matter for further hearing on August 17.
The high court in its order had referred to the constitutional scheme and provisions of the Himachal Pradesh Municipal Corporation Act, 1994 and the rules made under it.
It had held that though ex-officio member MLAs have the right to vote but they can’t exercise their franchise if there are elections for president and vice-presidents of the municipalities. PTI ABA SJK ABA KVK KVK
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