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Administrators in civic bodies: Uttarakhand HC stays govt order
The Uttarakhand high court as an interim measure has stayed the May 2 order of the state government regarding appointing administrators in municipal bodies till the next date of the listing
The Uttarakhand high court as an interim measure has stayed the May 2 order of the state government regarding appointing administrators in municipal bodies till the next date of the listing.
Stating that “there is no provision for appointment of an administrator in order to manage such municipalities whose term has admittedly come to an end”, the single bench of Justice Sudhanshu Dhulia ordered that executive officers of the municipal boards would function as the administrators under the overall supervision and directions of the erstwhile members of the boards.
The court gave this order in response to a writ petition filed by Mohammad Umar, the former chairman of the Municipal Board, Jaspur. The order was issued by the high court on June 1 but its copy was made available on Wednesday.
After the term of the various municipal bodies came to an end on May 3, district magistrates and other senior district officials took over as their administrators till fresh elections are held.
The high court also directed the state government to file a counter affidavit within three weeks and next date for hearing in the matter has been fixed three weeks later.
The court, in its order, maintained that according to the provisions of the Constitution of India and UP Municipalities Act (which is presently applicable in Uttarakhand), there is no provision for appointment of an administrator in order to manage such municipalities whose term has admittedly come to an end.
“Under this circumstances, where the term of the municipality cannot be extended, nor there is any provision for appointment of an administrator, the better option for the State would have been, which is also more democratic way, to continue the term of the executive officer of the municipality even after expiry of its term,” the order stated.
Referring to a similar case in Uttar Pradesh, where the appointment of an administrator was challenged after the expiry of the term of the municipalities, the HC said the Division Bench of High Court of Judicature at Allahabad, Lucknow Bench had directed that “it would be more democratic way if the office bearers of the existing municipal board are permitted to discharge their duty with the supervisory role of the municipal board”.
The order said the Uttar Pradesh government implemented the court orders till the election of the new municipalities.
