Allahabad High Court Suspends Lucknow Mayor's Powers Over Failure To Administer Oath To Elected Corporator

On Wednesday, the Allahabad High Court has suspended the administrative and financial powers of the Mayor of Lucknow on grounds of persistent non-compliance of the order of the High Court by not administering oath to the elected Corporator.

While ensuring that the working of the Municipal Corporation is not stalled, the bench of Justice Alok Mathur and Justice Syed Qamar Hasan Rizvi observed

“The respondent-Mayor, despite repeated opportunities granted by this Court, has continued to obstruct compliance of a ministerial and statutory obligation. Such persistent defiance cannot be permitted to defeat the authority of this Court or frustrate democratic governance.”

It further observed that

“The order of suspension of the administrative and financial powers of the respondent Mayor of Lucknow as directed above, is therefore, not punitive in character, but a consequential Constitutional measure intended to secure compliance of judicial orders and prevent continued obstruction of statutory duties. The authority to exercise administrative and financial powers cannot be permitted to operate as an instrument for defeating orders passed by a constitutional court. In the peculiar facts of the present case, this Court is satisfied that unless coercive constitutional measures are adopted, the repeated disobedience of the respondent would render the orders of this Court a mockery and seriously undermine the rule of law itself.”

Petitioner was declared as the elected candidate for the post of Corporator. He approached the High Court pleading that the oath was not being administered by the Mayor, Lucknow despite order of the Election Tribunal declaring petitioner as the elected candidate.

The Court observed that during the pendency of the petition, various opportunities were given to the Mayor to file affidavits and explain as to why oath was not being administered to the petitioner. as per instructions, it was stated before the Court that since the returning candidate had filed an appeal, the oath was not being administered.

The Court directed the Mayor to administer oath as it was provided in te statute. The Court also directed personal presence of the District Magistrate, Municipal Commissioner, Lucknow and the Mayor of Lucknow. However, only exemption applications were filed before the Court seeking exemption from presence.

On the next date, the Mayor again sought exemption from presence on account of heat stroke. On this, the Court observed that there was no mention of compliance of the orders of the High Court in the affidavit filed by the Mayor. The Court observed that even though there was no impediment in complying with the orders of the Court, the same were not being complied with by the Mayor and no cogent explanation for non-compliance was submitted before the Court.

“This Court is of the considered view that constitutional courts are not powerless spectators where their orders are repeatedly ignored by statutory authorities. The power under Article 226 necessarily includes ancillary and consequential powers to ensure effective implementation of judicial directions. Mere issuance of orders without securing compliance would reduce the authority of the Court to a nullity.”

Accordingly, the Court directed suspension of administrative and financial powers attached to the office of the respondent-Mayor of Lucknow till oath was administered to the petitioner. The Court made it clear that this was not a punitive order but was passed to ensure discharge of statutory obligations.

The Court directed that in case of non-compliance of the order, the Mayor shall remain present on the next date, i.e., 29.05.206.

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