LMC to discharge duties, consider mayor ‘absent’: HC

Ritika Singh SisodiyaLucknow: The high court on Thursday ordered that the functioning of Lucknow Municipal Corporation would continue by treating the mayor’s position as one of casual absence.

HC on Wednesday had frozen mayor Sushma Kharkwal’s administrative and financial powers after she failed to administer oath to a corporator elected from Faizullaganj ward despite its order.A bench of Justice Alok Mathur and Justice Syed Qamar Hasan Rizvi had directed state govt to ensure immediate compliance of order and fixed May 29 for the next hearing. The bench warned that if this was not done then the mayor would have to appear personally and explain why contempt proceedings should not be initiated against her.The detailed order uploaded on the high court website on Friday observed,” Constitutional courts are not powerless spectators where their orders are repeatedly ignored by statutory authorities.” The order was passed while hearing a petition filed by newly elected corporator Lalit Kishore Tiwari. The court clarified that freezing the mayor’s powers was not punitive in nature but a constitutional measure aimed at securing compliance with judicial directions.

In its May 13 order, high court had directed the mayor to administer oath to the petitioner within seven days and file a compliance affidavit. It had also warned that in case of non-compliance, both the mayor and the Lucknow district magistrate would have to appear personally before the court.Reiterating its stand, the court said repeated disregard of judicial orders could not be permitted under any circumstances.