Congress Councillors Move P&H HC Against Deputy Commissioner's Notification Calling Meeting For Sr Dy Mayor & Dy Mayor Polls In Violation Of SC Ruling

Two Indian National Congress councillors have moved the Punjab and Haryana High Court challenging a meeting called by the Chandigarh Deputy Commissioner to conduct the election of Senior Deputy Mayor and Deputy Mayor allegedly in violation of the Supreme Court's ruling in the Mayor election case.

Gurpreet Singh and Nirmala Devi, have contended in the plea that fresh elections to the post of Senior Deputy Mayor and Deputy Mayor were required to be held and the previous nominations and withdrawals were no longer valid as per the order of the Supreme Court.

Reliance was placed upon para 44 of the order wherein the Apex Court declared Aam Aadmi Party Councillor Kuldeep Kumar as the Mayor of the Chandigarh Municipal Corporation, which states, "The other elections which are required to be held in terms of the regulations shall now take place in accordance with law, save and except for the election of the Mayor which has been resolved by the final directions which have been issued..."

It is further contended that the Notification issued by the Deputy Commissioner on February 22 and February 23 for holding Senior Deputy Mayor and Deputy Mayor elections is "arbitrary and against the provisions of Chandigarh Municipal Corporation (Procedure and Conduct of Business) Regulations, 1996."

As per the rules, the presiding authority to conduct Deputy Commissioner elections is the mayor who is yet to take charge of the office.

The petition adds that the new Mayor is yet to join the office and any notification passed by the Deputy Commissioner, without consulting the incumbent Mayor is "null and void."

The plea seeks directions to hold fresh elections for the post of Senior Deputy Mayor and Deputy Mayor in a transparent and fair manner as per the Rules.

The matter is listed tomorrow, before the division bench of Justice Sudhir Singh and Justice Harsh Bunger.

The Supreme Court recently declared that the results announced by the Presiding Officer Anil Mash on January 30, 2024, whereby the BJP candidate Manoj Kumar Sonkar was declared as the winner, to be illegal and set it aside. The Court found that the Presiding Officer had deliberately defaced 8 ballots which were cast in favour of Kuldeep Kumar to make them invalid.

Advocates Rajiv Sharma, Karanbir Singh, Manoj Gujral, Arjun Kaushal for the petitioners.

Title: GURPREET SINGH  & ANR. V. UNION TERROTORY OF CHANDIGARH & Ors.