Most respectfully, it is hereby submitted that as per Section 4 (3) (ii) of the Punjab Municipal Corporation Act, 1976, as Extended to the Union Territory, Chandigarh, your Excellency is vested with the powers to nominate nine councillors from amongst the persons who are eminent or distinguished in public affairs or those who have special knowledge or practical experience in respect of municipal administration.
As per the provision, supra, though the nominated councillors had the voting rights, but while hearing a petition in this regard, the Hon’ble Punjab and Haryana High Court had removed the voting rights of the nominated councillors in 2017 and the matter related to the restoration of their voting rights is pending in the Hon’ble Supreme Count of India for hearing for January 18, 2022.
Prior to year 2016, the nominations of the councillors by the office of Your Excellency were made strictly as per the provisions of the Act considering those persons who are eminent or distinguished in public affairs or those who have special knowledge or practical experience in respect of municipal administration but none of the active members of any political parties were considered for such nominations to the Municipal Corporation.
But in the last Municipal Corporation constituted in the year 2016, out of nine nominated councillors, five persons having affiliations with BJP namely Kamla Sharma; the first mayor of the city and a senior BJP leader, Sachin Kumar Lohtiya, a former president of the SC Morcha of BJP who was even an aspirant for BJP ticket for the Municipal Corporation Elections 2016, Haji Mohd Khurshid Ali; president of minority morcha of the BJP and Sat Prakash Aggarwal; a former elected councillor who switched over his affiliation to the BJP, and Shipra Bansal; the daughter of general secretary of the BJP’s Mahila Morcha Sabina Bansal, were nominated as councillors in contrary to the objectives of the Act.
This time, though a new Municipal Corporation has been constituted with the election of 35 councillors in Chandigarh, but nine councillors have not been nominated as provided under the Act till date.
It is pertinent to mention here that this time also, there are rumours in the political circles and also reported in certain newspapers that many BJP leaders are keen that either them or their family members may be adjusted in the MC as nominated councillors and there has been criticism in different circles of the society about such nominations.
In view of above, Congress Party demands that only the persons who are eminent or distinguished in public affairs or those who have special knowledge or practical experience in respect of municipal administration should be considered for the nomination as the councillors in the Municipal Corporation, Chandigarh but no political person having affiliation with BJP shall be considered. However, if Your Excellency still wish to consider the nomination of such persons on the basis of their political affiliations ignoring the provisions of the Act, though we don’t endorse such practice, but in such a scenario, the congress party demands that such nominations shall be done in equal proportion to the vote share given to each political party in Municipal Corporation Elections, 2022.
Thanking you in anticipation.
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