Key facts
- The Supreme Court has allowed Himachal Pradesh MLAs to vote in elections for presidents and vice-presidents of civic bodies.
- This decision overturns a recent High Court order that had barred these ex-officio members from voting.
- The state government had challenged the High Court's interim ruling.
- MLAs' voting rights are retained as long as Section 10(3) of the Himachal Pradesh Municipal Act, 1994, remains valid.
- The Supreme Court has scheduled further hearings for August 17.
The Supreme Court has 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. This decision stays a June 4 order of the Himachal Pradesh High Court that had barred these members from voting.
The top court's intervention came after the Congress-led state government filed a plea challenging the High Court's interim ruling. Advocate General Anup Kumar Rattan stated that the ruling reaffirms the correct legal interpretation, as Section 10(3) of the Himachal Pradesh Municipal Act, 1994, grants MLAs voting rights as ex officio members.
The Supreme Court observed that an interim order cannot effectively decide the main petition and recognized MLAs as elected representatives whose statutory voting rights cover elections for office-bearers in Municipal Corporations, Municipal Councils, and Nagar Panchayats. The court stayed the High Court's order, which had limited voting in these elections to elected ward councillors only, citing the uncertainty and complications it caused in the ongoing election process.
The apex court made it clear that the votes MLAs cast will be subject to the outcome of the proceedings in the High Court and has scheduled the matter for further hearing on August 17.