KAMAL KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) In Himachal Pradesh, in accordance with the time schedule prescribed by State Election Commission under Section 281 of Himachal Pradesh Municipal Act, 1994 (herein after referred as the "Act"), reservation and rotation of seats of members of municipalities (Nagar Parishads and Nagar Panchayats) have been undertaken by the respective Deputy Commissioners in their Districts, as provided under Rule 10 of Himachal Pradesh Municipal Election Rules, 2015 (herein after referred as "Election Rules").

(2.) Deputy Commissioner, Hamirpur vide order dated 10.8.2020 had authorized Sub Divisional Officers (Civil) (SDMs) Hamirpur, Sujanpur, Nadaun and Barsar to undertake process for reservation and rotation of seats for the members of Nagar Parishads and Nagar Panchayats located in their respective Sub-Divisions and in pursuance thereto Sub Divisional Officer (Civil), Nadaun vide public notice dated 14.8.2020 (Annexure P-3) had notified the date i.e. 17.8.2020 for the said purpose and had undertaken the process on 17.8.2020 and declared roster of reservation of seats of members of Municipalities situated in his jurisdiction including Nagar Panchayat, Nadaun.

(3.) Deputy Commissioner vide order dated 27.8.2020 (Annexure P-2) had cancelled the process of determining roster, undertaken by Sub Divisional Officers (Civil) in District Hamirpur, on the ground that said process was not in conformity with Rule 10 of Election Rules and provisions of the Act and had decided to undertake the said process himself.