CUTTACK: The State government’s purported inability to conduct elections to Rourkela Municipality since 2013 due to an Orissa High Court stay order has come under judicial scrutiny. The High Court has admitted a petition, filed by former chairman of Rourkela Municipality Nihar Ray, seeking direction for holding elections to the civic body where urban local body polls were last held in 2008.
On November 14, 2014, the State government had issued a notification declaring Rourkela Municipality as Rourkela Municipal Corporation. After a petition challenged it, the High Court issued an interim stay order on it on March 26, 2015.
In his petition, Ray has contended that the ground (stay order) taken by the State government for not holding elections is entirely fallacious understanding of the stay order issued on writ petition which has not been disposed of till date. Advocate Partha Sarathi Nayak argued on behalf of the petitioner when the matter came up for hearing on Thursday.
After preliminary hearing, a single judge bench of Justice Biswajit Mohanty issued notices to both the State government and State Election Commission (SEC) to file their counter affidavits by the next date (December 7) for hearing on the matter.
As per the petition, there was never any mention of not holding of elections to Rourkela Municipality, rather the true effect of the stay order (issued on March 26, 2015) is that no further proceeding will take place regarding Rourkela Municipal Corporation till disposal of the writ petition.
“The HC interim stay order of March 26, 2015 implies that in effect a stay has been granted on the State government’s decision to convert the municipality into a municipal corporation which means that the municipality is in existence. However, at present, all operations are being carried out in the name of Rourkela Municipal Corporation which is headed by a commissioner”, the petition contends.
“The fact that Rourkela Municipality has remained devoid of democratically elected government since 2013, makes it is clear that SEC has abdicated its constitutional responsibilities”, the petition further alleged.