Chandigarh moves Supreme Court against High Court verdict striking nominated councillors’ voting rights

Advocate Chandra Prakash, who, too, is representing the administration in the Special Leave Petition, told Chandigarh Newsline that the notices for response have also been issued to the nine councillors and the administration has prayed for an interim stay on the High Court ruling. The sought relief, if granted, would restore the voting rights of the nominated members. The case has been fixed for hearing on November 27.

“Issue notice on the special leave petitions as well as on the prayer for interim relief, fixing a returnable date within two weeks hence,” the order, passed by a bench comprising Chief Justice of India Dipak Misra and justices A M Khanwilkar and D Y Chandrachud, reads.

Nearly a year after the voting rights of the nominated councillors had been challenged by former BJP Councillor Satinder Singh, the division bench of Justice (since retired) S S Saron and Justice Avneesh Jhingan in August quashed the provisions of Section 4(3)(ii) of the Punjab Municipal Corporation Act, 1976, as extended to Chandigarh – which provided the right to vote to nominated councillors in the House.

“The provisions of Section 4(3)(ii) of the MC Act to the extent these provide voting rights to the nominated members of the Municipal Corporation, Chandigarh are invalidated and are quashed,” said the bench.

The petition in the High Court, filed last year in October, said the members’ right to vote is unconstitutional as it tilts the balance against the wishes of the electorate.

There are 26 elected councillors in the corporation and nine nominated councillors. The nominated members, through their voting rights, had been playing a decisive role in electing the mayor and there had been opposition to their voting rights from several quarters, including BJP.