HC gives govt time on plea over mayor's term extension
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Take your experience further with Premium access. Thought-provoking Opinions, Expert Analysis, In-depth Insights and other Member Only BenefitsThe Himachal Pradesh High Court has granted time to the State Government to file a reply on a petition challenging the decision to extend the tenure of the Shimla Municipal Corporation Mayor from two-and-a-half years to five years.
The next hearing has been scheduled for November 27.
A Division Bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Jiya Lal Bhardwaj directed all parties to complete their pleadings before the next date of hearing.
During the proceedings, it was contended by the petitioner that the tenure of the incumbent Mayor is set to expire on November 14 and therefore he would be restrained from continuing in office beyond that date.
The petition, filed by Advocate Anjali Soni Verma, challenges the State Government’s decision of extending the tenure of the Mayor. The petitioner has alleged that the government promulgated the ordinance to confer undue benefit upon a particular individual, in violation of legal norms. It has been argued that an ordinance can only be issued in exceptional or emergency circumstances and that the present decision amounts to a misuse of executive power.
The petitioner further contends that the extension of the Mayor’s term has denied eligible woman candidates an opportunity to be considered for the post, thereby violating their constitutional rights. The plea seeks the quashing of the ordinance as unconstitutional and arbitrary.