Supreme Court terms disqualification of incumbent Solan mayor case of 'male bias'

New Delhi: The Supreme Court on Monday kept in abeyance the fresh election for the post of the mayor of Solan in Himachal Pradesh as it termed the disqualification of the incumbent, Usha Sharma, "a case of male bias".

A bench of Justices Surya Kant and Ujjal Bhuyan issued notice on a plea of Sharma and former mayor Poonam Grover challenging the June 25 order of the high court upholding their disqualification.

"It appears that it is a case of male bias. A woman was elected by the councillors to the post of mayor and a male candidate was defeated. So all of them got together. Never thought this bias existed in Himachal Pradesh," the bench observed as it kept in abeyance the fresh elections for the post of the mayor and a councillor notified by the government.

The bench was also critical of the reasoning given by the high court while upholding the notification of June 10 disqualifying Sharma and Grover, who were councillors of ward nos. 12 and 8 of the civic body, respectively.

Both Sharma and Grover were disqualified by the government under the provisions of the Himachal Pradesh Municipal Corporation Act, 1994 for defying party directions during the election of mayor and deputy mayor held on December 7, 2023.

Elections to the Solan Municipal Corporation established in 2020 are held on party lines.

The civic body has 17 wards and the first election for these wards was held in April 2021. After the election, the mayor and deputy mayor were elected for a period of two and half years as per the provisions of the Act.

After the tenure of the mayor and deputy mayor came to an end on October 15, 2023, the polls for electing the next mayor and deputy mayor were held on December 7 last year.

Sharma of the Congress party won the post of the mayor, while Meera Anand of the BJP got elected as the deputy mayor.

However, amid internal bickering among the Congress councillors, a complaint was made by the district Congress president and a councillor contending that Sharma, Grover and some others went against the party's directions during the mayoral polls and cast their votes against party candidate Sardar Singh Thakur.

They sought the disqualification of Sharma, Grover and some other councillors on grounds of defection under Section 8C of the Himachal Pradesh Municipal Corporation Act.

The high court in its verdict said the enquiry officer, after considering the material on record, held that despite the directions of the Congress party for supporting its mayoral candidate Sardar Singh Thakur and deputy mayor nominee Sangeeta Thakur, Sharma had filed her nomination for mayorship and Grover acted as her proposer.

It noted that the enquiry officer said both Sharma and Grover as well as councillors Rajeev Kaura and Abhay Sharma had cast their votes in favour of Usha Sharma instead of Sardar Singh Thakur, the official candidate of the Congress.

"In our opinion, the enquiry officer's report contains findings based on appreciation of evidence, which cannot be said to be based on no evidence or was perverse, warranting interference by this court in exercise of its jurisdiction of judicial review under Article 226 of the Constitution of India," the high court had said in its order of June 25.

The high court, while dismissing the pleas of Sharma and Grover said it is not open to this court to act as an appellate authority and substitute its views by re-appreciating evidence already considered by the enquiry officer.

"Therefore, we see no reason to interfere with the impugned order passed by the 1st respondent (secretary, Urban Development department) accepting the findings in the enquiry report and disqualifying the petitioners as councillors of the Municipal Corporation, Solan," the high court had said.