On March 25, Haryana’s Urban Local Bodies Department organized a state-level oath-taking ceremony at Indradhanush Stadium, Panchkula. Divisional Commissioners administered the oath of office to directly elected mayors from 10 municipal corporations.
Contradiction in Election Law
Despite the direct election system for mayors, a legal provision still allows indirect elections. Haryana’s Municipal Corporation Act permits the mayor’s selection by municipal councilors, though the law does not explicitly use this term.
Legal Expert Highlights the Issue
Advocate Hemant Kumar, an expert in municipal laws, explained this contradiction. In September 2018, Haryana amended the Municipal Corporation Act, 1994, introducing direct mayoral elections. However, Section 53 of the law was not updated, which still mandates the mayor’s election by municipal members within 30 days of municipal elections.
This provision further states that:
The Divisional Commissioner must preside over the first meeting and conduct the mayor’s election. A non-contesting municipal member is nominated to oversee the election process. In a tie, a draw of lots (lottery system) decides the winner.
Amendment in Election Rules
The Haryana Municipal Corporation Election Rules, 1994, were revised on November 14, 2018. Rule 71 now mandates that the Divisional Commissioner administer the oath to directly elected mayors and municipal members in the first meeting.
Legal Inconsistency Between Law and Rules
There is an apparent conflict between Section 53 of the Municipal Corporation Act, 1994, and Rule 71 of the Election Rules, 1994. On March 25, the swearing-in was conducted under Rule 71(3), not Section 53 of the Act.
Legal Interpretation and Required Amendments
Advocate Hemant Kumar stressed that when a conflict arises between an Act and its Rules, the Act takes precedence. The State Assembly enacts laws, while government officers frame rules under those laws.
The Election Rules, 1994, were formulated under Section 32 of the Municipal Corporation Act, 1994. Hence, the Act must be amended to remove references to indirect elections.
Government Yet to Resolve the Issue
Hemant Kumar has repeatedly urged the State Government and Election Commission to amend Section 53 and make the 2018 direct election system fully legally valid. The amendment should be retroactively applied from October 4, 2018, when direct mayoral elections were introduced.
Legal challenges may arise without this amendment. However, in the recent Haryana Assembly Budget Session, no amendments were made to Section 53 of the Municipal Corporation Act, 1994.