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2025 DAILYLAW 5767 (HP)

VINAY KUMAR v. THE DC HAMIRPUR AND OTHERS

CWP/931/2025 · 2025-01-10

Sandeep Sharma

body2025

Judgment text

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2025:HHC:2678 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Writ Petition No.931 of 2025 Date of Decision: 10.01.2025 _____________________________________________________________________ Vinay Kumar ……...Petitioner Versus Deputy Commissioner Hamirpur and Others .…....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Ajay Vaidya and Ms. Narvada, Advocates. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for respondents No.1 & 2/State. Mr. Anil Kumar God, Advocate, for respondent No.3. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Ajay Vaidya learned counsel representing the petitioner is that though Deputy Commissioner, Hamirpur, in terms of judgment dated 02.12.2024 passed by this Court in CWP No.7947 of 2024, titled Vinay Kumar and Others Vs. The Deputy Commissioner, Hamirpur and Others, which was further upheld by Division Bench of this Court in LPA No.491 of 2024, decided on 26.12.2024, convened the meeting of House to discuss the No Confidence Motion and thereafter President, against whom No Confidence Motion was brought, has resigned, but, till date, 2025:HHC:2678 2 steps are not being taken to convene the meeting of the House to elect new President and as such, necessary directions are required to be issued. 2. Before notice in the instant proceedings could be issued to respondents, Mr. Rajan Kahol, learned Additional Advocate General, representing respondents/State, made available copy of Notification dated 23.12.2024, issued by Government of Himachal Pradesh under Sub-Section (2) of Section 3 of Himachal Pradesh Municipal Corporation Act, 1994, thereby declaring Municipal Council, Hamipur, as a Corporation to be known as Municipal Corporation, Hamirpur. He states that since Municipal Council, Hamirpur, has been made a Corporation and now same is to be governed by Himachal Pradesh Municipal Corporation Act, prayer made in the instant petition has been rendered infructuous. 3. Though, at this stage, Mr. Ajay Vaidya, learned counsel representing the petitioner while referring to Notification dated 23.12.2024, as taken note hereinabove, attempted to argue that vide aforesaid Notification, name of Municipal Council, Hamirpur, has been changed to Municipal Corporation, Hamirpur and as such, prayer made on behalf of the petitioner for issuing direction to Deputy Commissioner to convene meeting of elected Members of House, deserves to be allowed, however, this Court finds no force in the aforesaid submission of Mr. Vaidya, learned counsel representing the 2025:HHC:2678 3 petitioner, for the reason that pursuant to Notification, as taken note hereinabove, Municipal Council, Hamirpur, stands converted to Municipal Corporation, Hamirpur, which admittedly shall be governed by provisions contained under the Himachal Pradesh Municipal Corporation Act. 4. It is not in dispute that prior to issuance of Notification dated 23.12.2024, Municipal Council, Hamirpur, was being governed by Himachal Pradesh Municipal Act, 1994. Now on account of issuance of Notification dated 23.12.2024, fresh elections of Municipal Corporation, are required to be conducted by the competent authority, as prescribed under the Act. 5. Consequently, in view of the above, this Court finds no merit in the present petition and accordingly the same is dismissed. Before parting, this Court wishes to observe that appropriate steps shall be taken by the Government of Himachal Pradesh to conduct the elections, expeditiously, so that developmental works, earlier being undertaken by Municipal Council, Hamirpur, are not halted for long. Pending applications, if any, also stand disposed of. January 10, 2025 (Sandeep Sharma), Rajeev Raturi Judge