Himachal High Court defers hearing in Shimla Mayor tenure case
State says Bill extending tenure to five years has Guv’s assent but awaits gazette notification
The Himachal Pradesh High Court today deferred the hearing on a petition related to the tenure of the Mayor of the Municipal Corporation Shimla to March 19.
During the hearing, the state government informed the court that the Bill passed by the Himachal Pradesh Legislative Assembly regarding the Mayor’s tenure has now received assent from the Governor.
The government submitted that the legislation is yet to be published in the official gazette and, therefore, no order can be passed in the present petition at this stage.
Counsel appearing for the petitioners argued that when the petition was filed, there was no law in existence allowing the Mayor to continue beyond the earlier tenure of two-and-a-half years. They further contended that the Bill which has now received the Governor’s assent is not the earlier one but a fresh Bill passed again by the Assembly. Hence, the new law can operate only prospectively and cannot be applied to the case of the present Mayor.
In view of these submissions, the court adjourned the matter to consider whether any order can be passed in the existing petition or whether the petition would need to be amended.
The state government had promulgated an ordinance extending the tenure of the incumbent Mayor, Surender Chauhan, from two-and-a-half years to five years just before the existing term was set to end on November 14, 2025. The ordinance was subsequently challenged before the High Court through a public interest litigation.
Thereafter, the government introduced a Bill to replace the ordinance, which was passed by the Assembly on December 4, 2025, and sent to the Governor for approval. In January 2026, the Governor returned the Bill with certain objections. The government then reintroduced the Bill in the Assembly on February 16 and it was passed again on the same day. The Bill was thereafter sent once more to the Governor and has now received assent.
The division bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi fixed March 19 for the next hearing.
The petition has been filed by advocate Anjali Soni Verma, who has challenged the state government’s decision and has made the Urban Development Department of the state government, the Himachal Pradesh State Election Commission and Shimla Mayor Surender Chauhan respondents in the matter.
The petitioner has alleged that the state government brought the ordinance extending the Mayor’s tenure to five years with the intention of granting undue benefit to a particular individual.
