Mayors can continue till next ULB takes charge,says HC

The two petitions had challenged the appointment of administrators by the state government in the municipal corporations after the current term of elected ULBs expired on November 15.

A division bench,comprising justices Ashok Bhushan and Sunita Agarwal,held the provisions under the Municipal Corporation Act provided for a Mayor handing over the charge to the next Mayor. Therefore,a Mayor should continue in office till the next Mayor is elected to be in a position to hand over the charge.

The main counsel for the two petitioners,Umesh Narayan Sharma,said: “The court cited the provision of Section 15 (3) of the UP Municipal Corporation Act 1959,in which it is said that a Mayor shall hand over the charge to the next Mayor.” The prayer for allowing the Mayors to continue in their office was made in the petition filed by Varshneya.

The court rejected the main prayer of Singh’s petition,which had sought continuation of the corporators in the absence of fresh elections,challenging the appointment of administrators.

On its part,the state government had argued that the provision for appointment of administrators was introduced through an amendment in 1995. However,the court said the elected ULB should be treated like an Assembly or a Parliament,which cannot remain defunct.

“However,the Lucknow bench of the Allahabad High Court had already directed stay on the appointment of administrators by the government. So the point of contention really was whether the Mayor should be allowed to continue in their office,which the court has accepted,” said Sharma.

Following the order,therefore,all the 13 Mayors in the state will be allowed to continue in their office till fresh elections are held.

The Lucknow bench of the Allahabad High Court has already directed the state government to issue notification for elections to the ULBs by December 19.

While the order will apply to the municipal corporations,another petition seeking continuation of the present elected ULBs in the municipalities in the state is still pending with the High Court and will be taken up on December 19.