Elected Municipal Councillors Move Punjab & Haryana High Court Over SDM's Failure To Administer Them Oath

Six elected Municipal Councillors (independent) from Alawalpur ward in Jalandhar have moved the Punjab and Haryana High Court against the Sub Divisional Magistrate, alleging that despite winning the municipal elections, the authority has not administered them oath for more than 1 year and 6 months.

As per Section 24 of the Punjab Municipal Act, 1911, the elected members cannot hold office or perform duties until they have been administered oath or affirmation of allegiance to India as stipulated in the Act.

They cannot hold meetings for further elections for the post of President and Vice President whereas in terms of Rule 3 of the Punjab Municipal President and Vice President Election Rules, 1994, elections for the said posts have to be convened within a period of 14 days from the date of notification of election result.

The Petitioners averred that despite issuing various notices, the Convenor (being Sub Divisional Magistrate) has failed to administer oath and subsequently hold the elections for the President and Vice President of the Municipal Council.

Thus, the Petitioners sought a writ of mandamus directing the Respondents-State to comply with provisions of the Act of 1911 and administer Oath to the Petitioners in accordance with law.

"Sub-Divisional Magistrate has repeatedly issued notices for calling meeting but did not deliberately administer the oath to the elected members...All the elected members along with the Area MLA stood present in the meetings but despite the presence of all elected members the said meetings were adjourned without fulfilling the objectives of the meeting...the present illegality is being committed with an oblique motive to debar the elected members from taking oath of allegiance so that fresh elections of the constituency can be conducted," the plea averred.

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