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The Himachal Pradesh High Court on Tuesday sought a status report from the State government on the ordinance extending the tenure of the Shimla Mayor and Deputy Mayor from two-and-a-half years to five years, while imposing a "conditional cost" of Rs 50,000 on the State for delay in re-filing its reply.
A Division Bench of Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj were hearing a public interest litigation (PIL) challenging the ordinance. The petitioner contended that the extension violates the existing reservation roster and deprives a woman councillor of assuming the mayor's office. Taking a serious note of the delay, the Bench observed: "Reply filed by the State is still lying under objections and has not been re-filed in spite of the exigency of the situation. Therefore, we impose conditional costs of Rs 50,000 on the State to remove the objections within two days, so that pleadings can be completed, since the rejoinder has already been filed by the petitioner." During the hearing, the petitioner's counsel submitted that the ordinance granting the extension lapsed on January 6 because the government failed to issue the requisite notification after obtaining the Governor's assent within the stipulated time. The PIL points out that the term of the incumbent Shimla Mayor was scheduled to end on November 15, after which, under the reservation roster, the post was to be reserved for a woman. Women councillors currently represent 21 of the 34 wards in the Shimla Municipal Corporation, and under the roster, a female councillor, belonging to the Scheduled Caste category, was slated to assume the mayor's office for the next two-and-a-half years. Petitioner and advocate Anjali Soni Verma submitted that although the ordinance was tabled during the Assembly session, the government failed to notify it within 42 days, resulting in its lapse. She has challenged the State's decision to extend the mayoral tenure, terming it arbitrary and contrary to the reservation framework. The High Court has directed the State to file a status report in the matter. The case is now listed for further hearing on February 24. (ANI)
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