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Cuttack: Controversies and uncertainties over the mayoral election of Cuttack Municipal Corporation (CMC) came to an end Thursday with Orissa High Court ruling that the notification published by the State Election Commission (SEC) to conduct the election January 22 is valid.
The court also rejected the writ petition filed by Kanaklata Nayak, a resident of ward No. 21, challenging the SEC’s notification. Pronouncing the verdict, Justice BK Nayak said that since
|only one corporator’s post currently lies vacant under CMC, it will pose no hurdles to the mayoral election. There is no rationale in the allegations levelled by the petitioner, including one about violation of the reservation law, said the ruling.
Senior lawyer Pitambar Acharya informed the court on behalf of the SEC that there are three woman corporators in the civic body who are eligible for the mayor’s post. With one corporator’s post lying vacant, it will not pose any legal hurdle for the mayoral poll, he said. As the election process has already been set in motion, the court should not interfere in it, Acharya added.
He also urged the court that article 243 (Z)(G) of the Indian Constitution restricts courts from interfering in the election process. The petitioner, he said, is only an aspirant candidate and not a corporator. So she does not have the rights to challenge the mayoral election, Acharya added.
On the other hand, the petitioner said former Mayor Anita Behera had won the election from ward No. 21 as a corporator and was subsequently elected as mayor. Challenging the SEC’s notification, she had contended that after Behera’s resignation both as mayor and corporator, a by-poll should be conducted before choosing the mayor. Not doing so, she said, would violate the Orissa Municipal Act, 2003. Describing the notification as unjust, the petitioner had urged the court to quash it.
