Seven years on, UT proposal on anti-defection law gathers dust

Even as the UT Administration has proposed amendments to the rules to pave the way for holding the mayoral elections by a show of hands, the matter of bringing about changes in the Municipal Act for implementing the anti-defection law and appointing an ombudsman has been put on the back burner for the past seven years.

In 2018, the Administration had published the draft notification for making amendments to the Punjab Municipal Corporation Law Act extended to Chandigarh, which governs the establishment and functioning of the Municipal Corporation.

Notification issued in 2018

In 2018, the Administration had published the draft notification for making amendments to the Punjab Municipal Corporation Law Act extended to Chandigarh, which governs the establishment and functioning of the Municipal Corporation.

In the draft notification, the Administration had proposed crucial amendments to the Punjab Municipal Corporation Law like no confidence motion against the Mayor, appointment of an ombudsman and disqualification on defection.

The proposal said an elected councillor shall be disqualified if he or she joins any political party after election. It was pointed out that in case of a dispute over disqualification, the decision of the UT Administrator would be final.

The residents also submitted their objections and suggestions on the issues but there has been no progress on the matter since then.

Ajay Jagga, a member of the Administrator’s Advisory Council, said the appointment of ‘Ombudsman for Local Governments’ is mandatory but the norm has not been implemented in the Chandigarh Municipal Corporation. At present, the local MC is under severe criticism for financial mismanagement and most residents feel the city was better without MC.

There is no check on misuse of powers. The local body Ombudsman is the need of the hour, as he will look into the complaints of poor administration against the functionaries of the local government, including elected representatives and officials, and recommend suitable action against the guilty.

The 13th Finance Commission has also stated that in case any amendment to the existing law is required, the needful must be done. However, in the Chandigarh MC, there is no such provision and necessary amendments should be carried out.