High Court Issues Notice To Panchkula Mayor On Plea Alleging Deputy Mayor Elections Due For 'Over 3 Yrs'

The Punjab and High Court has issued notices on a plea seeking directions to conduct elections for the positions of Senior Deputy Mayor and Deputy Mayor within the Municipal Corporation of Haryana's Panchkula, which are allegedly due for over 3 years.

A bench of Justice Sudhir Singh and Justice Harsh Bunger issued notice to Panchkula Municipal Corporation and its Mayor.

Akshaydeep Chaudhary, an elected councillor stated in the plea that despite clear mandates under the Municipal Corporation Act, 1994, and the Haryana Municipal Corporation Election Rules, 1994, which require these elections to be held within 60 days of the notification of newly-elected Municipal Councillors, the positions have remained vacant for "more than three years since 30.12.2020".

The inaction undermines the "democratic process and deprives the residents of Panchkula of their right to be represented in the Municipal Corporation's governance," the plea stated.

As per Rule 71 of 1994 Rules, election of Senior Deputy Mayor and Deputy Mayor is presided over by the Mayor.

Plea stated that the delay also infringes Articles 243 R and 243S of the Constitution, which mandate regular elections for maintaining the essence of democratic governance at the municipal level.

In light of the above, the petitioner sought directions to the Haryana government to "immediately schedule and conduct overdue elections (more than 3 years) for the posts of senior deputy mayor and deputy mayor of the municipal corporation of Panchkula in fair and time bound manner, and to declare the respondent's inaction as unconstitutional, and for other appropriate reliefs."

The plea also sought directions to the Municipal Corporation through its Commissioner, Panchkula, to conduct the election fairly and in accordance with the Act and Rules.

Title: Akshaydeep Chaudhary v. State of Haryana through its Secretary, Department of Urban Local Bodies, Haryana Civil Secretariat, Chandigarh & Ors.

Counsel for the petitioner: Advocates Pratap Singh, Parth Singh, Ishwar Singh, Sachin Singh.