HC restrains councillor from taking part in MC activities

Legal Correspondent

Shimla, July 14

The HP High Court has restrained nominated councillor Sanjeev Sood from participating in activities or the proceedings of the Shimla Municipal Corporation (MC) till further orders.

A division Bench comprising Acting Chief Justice Ravi Malimath and Justice Jyotsna Rewal Dua passed this interim order yesterday on a petition filed by Rakesh Kumar. The petitioner alleged that the Director Urban Development had already held the nominated councillor as disqualified on the charge of violation of municipal laws, but he was still regularly attending the House or meetings of the MC.

The court issued a notice to the Secretary Urban Development and the Municipal Commissioner and sought their responses to the petition. During the course of hearing, the court also asked the counsel for the MC to produce the entire record detailing the number of meetings the nominated councillor attended after his disqualification since November last year.

It was contended on behalf of the petitioner that the Director Urban Development had disqualified Sood on the complaint of the petitioner, who alleged that proceedings for unauthorised constructions were still continuing against him before the MC, therefore such a person could not be permitted to hold the office of a councillor.

It was contended that acting on the complaint, the Director Urban Development, who was appointed as inquiry officer on November 3, 2020, held that Sood was disqualified to be nominated as a councillor in the Shimla MC and sent a copy of the order to the Secretary Urban Development for further action. It was alleged that still the Secretary Urban Development and the Municipal Commissioner were allowing Sood to continue as a nominated councillor.

It was alleged that the actions of the Secretary Urban Development and the Municipal Commissioner were unlawful, and in violation of the MC Act.