MPs, MLAs have right to vote in MC chief’s polls: HC

ORDER CAME ON MULTIPLE PETITIONS IN WHICH SOME MEMBERS OF BAHADURGARH AND JHAJJAR MUNICIPAL COUNCILS HAD DISPUTED THE RIGHTS

CHANDIGARH:The Punjab and Haryana high court has held that there is no bar on the participation of members of Parliament (MPs) or legislative assembly (MLAs) in the polls of president and vice-president of a municipal council in the area from where they have been elected in Haryana.

MPs and MLAs are nominated members of the civic bodies in the area from where they are elected to the legislature.

The high court (HC) bench of justices AK Mittal and Ramendra Jain said that the only embargo -under proviso to Section 9(3)(ii) and (iii) of the Haryana Municipal Act, 1973 -- is on the right of nominated members to contest for the post of president or vicepresident. “Whereas there is no restriction so as to cast vote during their election,” the court said.

The HC also held that the issuing of fresh notification about their being nominated member during a particular period was not required from time to time. Nominated members of the municipality by virtue of their being MP and MLA and their nomination as well as right to vote is governed by the constitutional mandate of Article 243R of the Constitution of India, read with Section 9(3) (ii) of the act, the HC said, adding that the status of nominated member of the municipality though would cease on the expiry of the term of the council but would be revived for the remaining term of their being MP/MLA on the election and constitution of fresh municipality and would come to an end only on the dissolution of the legislative assembly or the Parliament.

The order came on the multiple petitions in which some members of Bahadurgarh and Jhajjar municipal councils had disputed rights of MPs and MLAs as voter.