The issue of the role of nominated councillors in electing the Chandigarh Mayor has reached the Punjab and Haryana High Court. The elections for the top three posts would be held on January 1 as scheduled but it will be subject to the outcome of petition seeking voting rights only to elected representatives in mayoral polls.
Rajasthan resident Devinder Singh has decided to appeal against the alleged irregularity in the Chandigarh Municipal Corporation provision of conferring voting rights to nominated councilors. These nine nominated councilors would vote to elect Chandigarh Mayor, senior deputy Mayor and deputy Mayor. In a petition filed before the Punjab and Haryana High Court, Devinder Singh has stated Provision 4 of the Punjab Municipal Corporation Act, which also applies in Chandigarh, confers voting rights to nominated councilors. This is against the provision of articles of the Constitution.
The petitioner stated that there was no proper procedure to appoint the nine nominated councilors, which was a high number in a house of 26 elected councilors. The nominated councilors could play an important role against the public mandate to the elected councilors, the petitioner further stated.
The petition further stated that the list of nominated councilors was declared two days after the declaration of results of elected councilors. This was illegal and malafide as it gave edge to the ruling party at the Center to prepare nominated councilors’ list as per their choice in view of the fractured mandate in the MC elections, it further stated.
After hearing the arguments, the High Court Bench issued notices to Chandigarh administration and all nine nominated councilors for January 27. The Bench has also held that elections for the three posts would be subject to outcome of the petition.
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