The legal screw may be stuck in the mayor elections of 10 municipal corporations in Haryana. This is because in the Municipal Corporation Act-1994 of Haryana, not one, but 2 rules were made for the mayor election.
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On the one hand, the mayor is being directly elected by the public vote, on the other hand the councilors have also given the right to the mayor in the first meeting. In such a situation, if the elected mayor of the public reject the councilor in the Municipal Corporation House with a majority, then the legal crisis can arise.
Let us know that on Sunday, 7 corporations of the state, Faridabad, Gurugram, Hisar, Karnal, Manesar, Rohtak and Yamunanagar mayor elections and Mayor by -elections have been held in Sonepat and Ambala. Voting is to be held on 9 March for the mayor in Panipat.
Know 6 questions and answers about the legal screw on the mayor’s election ……
1. What was the arrangement of Mayor election in Haryana? answer: Like other states, the mayor was also elected in Haryana. The public used to choose councilors of wards by votes. Then one of them was elected by the majority of councilors. For this, this rule was made for the mayor election in Section 53 of Haryana Municipal Corporation Act-1994.
2. What is the arrangement of the mayor election, how did this change happen? answer: The BJP government of Haryana amended the Haryana Municipal Corporation Act-1994 in September 2018. In this, it was decided that now the election will not be done directly, not the councilors of the mayor’s wards. After this, now the election of the mayor with ward councilors is also done directly by the vote of the people. It was also passed from the Haryana Legislative Assembly.
3. The government has amended the Act, then why there are 2 types of arrangements? answer: In fact, the government amended the Act, but the section 53 in the Act to choose the mayor of ward councilors was not removed.
He is still involved in the Act. At the time when the act was amended from the assembly, no decision was taken regarding this section. In such a situation, this act is the same but there are 2 types of arrangements for the mayor election.
Section 53 present in the Act released in 2019, which mentions the election from the mayor’s councilors.
4. The public has chosen the mayor, how will the councilors choose now? answer: According to a provision of the Act, the public has elected the mayor. Its results will come on 12 March. Now according to the second provision, the first meeting of the Corporation House will be called within 30 days of the results.
In this, the mayor will be selected from the winning councilors. For the chairmanship of this election process, the Divisional Commissioner will nominate a councilor who has not been a candidate for the mayor’s election.
5. After the amendment of the Act, did the councilors choose the mayor? answer: After amending the Act in September 2018, the mayor elections were held directly in Karnal, Panipat, Hisar, Rohtak and Yamunanagar in December 2018.
Two years later, in December 2020, Mayor elections were held in Ambala, Panchkula, Sonipat Municipal Corporations. However, after the public was elected, the process that was chosen by the mayor of the councilors in the house was not followed.
6. When the revised section of the Act is being followed, then how is the legal screw? answer: In this regard, we spoke to the expert of Municipal Act and Advocate Hemant Kumar of Punjab and Haryana High Court. He confirmed both the arrangements in the Haryana Municipal Corporation Act. He told 2 things about this ..
First… There may be a dispute due to non -amendment in the section of the Act. If the mayor has more councilors against the candidate who won the election, then they will have a legal option that they can go to court and demand to conduct the mayor through councilors. For this, he can refer to the old section 53 in the Act.
Second .. The government should have ended the dual system from the first Act. Only after this all municipal corporations should have held elections. With the end of the old stream, the election can get full legal recognition from the direct voters of the mayor. If this does not happen, then the legal screw may be stuck in the case of mayor elections in the coming days.
(Tagstotranslate) Faridabad
