Shimla May, 13: The HP High Court issued notices to the State Election Commission and the state government on a petition challenging the decision of the State Election Commission with regard to postponement of election of the Shimla MC.
While issuing notices a division bench comprising Justice Tarlok Singh Chauhan and Justice Chander Bhusan Barowalia further directed the authorities to file their response within two weeks and listed the matter for hearing on May 26.
The court passed this order on a petition filed by one Raju Thakur of Fhagli area (Shimla) in this regard on the ground that the decision of the Election Commission is unconstitutional and illegal. It was further contended in the petition that postponing the elections of a civic body is undemocratic.
During the course of hearing it was contended on behalf of the petitioner that in view of Article 243 U of the Constitution of India, the authorities are bound to complete the process at the earliest and the elections should have been held before the expiry of the term of the existing Shimla MC.
It was further contended that in any case, the duration of the Municipality is fixed as five years from the date of its first meeting. It is incumbent upon the Election Commission and other authorities to carry out the mandate of the Constitution and see to it that elections to the municipality are conducted before the expiry of its duration of five years as specified in Clause (1) of Article 243 U of Constitution of India.
The elections to Shimla Municipal Corporation (SMC) to be held by the end of this month have been postponed following complaints of large-scale discrepancies on electoral rolls. The five-year term of the SMC would expire on June 3. The last elections were held on 27 May, 2012.
The State election Commission on May 9 took cognisance of complaints by political parties and ordered fresh revision of electoral rolls and directed that final electoral rolls be published by June 23, implying that the elections are unlikely to be held before mid July.
As per the notification issued by the State Election Commission the special revision of the electoral rolls would be done from June 15 to 23, verification of electors already enrolled in the final electoral rolls and receipt of claims and objections by the revising authority would be done from May 15 to 24 whereas work of preparations of list of voters with addition/deletion/correction would be undertaken from May 25 to 29
Source Tribune India