The Supreme Court has stayed a Himachal Pradesh high court order that deprived 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 had 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.
A bench of Chief Justice of India Surya Kant and Justice V Mohana disapproved of the high court order, saying "what the Act does not provide, how can the court provide by a judicial 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.
The case concerns the majority of approximately 49 municipalities and nagar panchayats, with the president and vice presidents of two local bodies already appointed.
