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THe sublime margaret margaret court on mon stayed a June 4 Himachal Pradesh heights court order depriving members of the legislative assembly (MLAs) from voting as “ex officio members” in the election of presidents and vice presidents of municipal corporations and nagar panchayats.The state government appealed against the order, arguing it came in petitions challenging the constitutional validity of the Himachal Pradesh Municipal Act, 1994, which are still pending consideration. It said the order deprived MLAs of exercising their right to vote in the middle of the election process.“What the Act does not provide, how can the court provide by a judicial order?” asked a bench of Chief Justice of India Surya Kant and Justice V Mohana, disapproving of the high court order.The Supreme Court clarified that the votes MLAs cast in the election will be subject to the outcome of the proceedings in the high court.Senior advocate Madhavi Divan, appearing for the state along with additional advocate general Vaibhav Srivastava, said that the 1994 Act was amended in 2000 to grant voting rights to MLAs under the “ex officio members” category for the election of presidents and vice presidents of urban local bodies.Divan pointed out that the high court relied on the Himachal Pradesh Election Rules, 2015, to suggest that the election of presidents and vice presidents could only be done by the elected members. She explained that voting rights are provided only to elected and ex officio members (MLAs) and not nominated members. Divan said nominated members can only attend the proceedings and take part in the discussions.The state pointed out that a clarification was issued, reiterating that MLAs have the right to vote for the election of presidents and vice presidents of municipalities and nagar panchayats, realising the possible conflict due to the 2000 amendment and the 2015 rules.The petitioners in the high court challenged the clarification and the 2000 amendment. They filed an interim application in the high court to stay the operation of section 10(3), which allows MLAs to have a say in electing presidents and vice-presidents after the election process got underway.The case concerns the majority of approximately 49 municipalities and nagar panchayats. Of these, the president and vice presidents of two local bodies have been appointed.

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Himachal local polls: SC stays order depriving MLAs from voting as ex officio members

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