MLAs will be able to vote in Himachal's civic elections: Relief to the government from the Supreme Court; High Court's order stayed, right to elect Chairman-Vice Chairman
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The state government has got relief from the Supreme Court in the ongoing dispute regarding the voting rights of MLAs in the elections of chairman and vice-chairman of municipal bodies in Himachal Pradesh.
The state government has got relief from the Supreme Court in the ongoing dispute regarding the voting rights of MLAs in the elections of chairman and vice-chairman of municipal bodies in Himachal Pradesh. The Supreme Court has put a stay on the interim order of the Himachal High Court, in which the voting rights of the MLAs were banned. Advocate General Anup Ratna said that the government's argument in the Supreme Court was that under Section 10(3) of the Himachal Pradesh Municipal Act, 1994, the Legislative Assembly has given voting rights to MLAs as ex-officio members in municipal bodies. He said that the government's stand was that when voting right has been given in the law, then this right should be applicable in all related proceedings of municipal bodies. On the state's argument, the Supreme Court said that when you (High Court) are passing interim orders, you cannot decide the main petition. The High Court gave its decision on the main petition in the interim order itself, this is wrong. Himachal High Court's order stay: According to Ratna Advocate General, SC has put a stay on the orders of the High Court. After this, MLAs will be able to vote in the election of Chairman and Vice Chairman in 51 municipal bodies of the state. He said that in the bodies where elections have been held, if the election has been affected due to the vote of the MLA, then the person concerned can challenge the election through an election petition. Chamba related case pending in High Court: Anup Anup Ratna said that a case related to Chamba civic body is still pending in the High Court, in which the government will present its side. Citing another decision of the Supreme Court, he said that after the completion of the election process, election petition is the appropriate medium for disputes. He said that the Supreme Court accepted that MLAs are elected representatives of larger constituencies and their voting rights will remain intact under Section 10(3). On this basis, the order of the High Court has been stayed. Elections held in 51 municipal bodies: Let us tell you that elections were held in 51 municipal bodies of the state on May 17. In most of these places, the election of Chairman and Vice Chairman could not be done yet. In such a situation, after the latest orders of the Supreme Court, elections can be conducted soon.
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