Allahabad HC freezes Lucknow mayor's powers over delay in administering oath to SP corporator

The Allahabad High Court has directed the Lucknow Municipal Corporation to continue functioning despite the mayor's absence, freezing her powers until she complies with a court order.

The Allahabad High Court has directed that the functioning of the Lucknow Municipal Corporation would continue by treating the mayor's position as one of casual absence, after freezing her administrative and financial powers in a case relating to failure to administer oath to a Samajwadi Party corporator.

A Lucknow bench of justices Alok Mathur and Syed Qamar Hasan Rizvi also directed the Uttar Pradesh government to immediately ensure compliance with the court's order.

Fixing May 29 as the next date of hearing, the bench warned that if the order was not complied with by then, the mayor would have to appear personally and explain why contempt proceedings should not be initiated against her.

The detailed order passed on Thursday and uploaded on the high court website on Friday, observed, ''Constitutional courts are not powerless spectators where their orders are repeatedly ignored by statutory authorities. The power under Article 226 of the Constitution necessarily includes ancillary and consequential powers to ensure effective implementation of judicial directions. Mere issuance of orders without securing compliance would reduce the authority of the Court to a nullity.''.

The order was passed while hearing a petition filed by newly-elected corporator Lalit Kishore Tiwari of the Samajwadi Party from Faizullaganj ward.

The court clarified that freezing the mayor's powers was not punitive in nature but a constitutional measure aimed at securing compliance with judicial directions.

The bench observed, ''The said direction is not punitive in nature but is intended solely to secure obedience to the orders passed by this court and to prevent further obstruction in discharge of statutory duties.''.

The bench also added, ''This court is satisfied that unless coercive constitutional measures are adopted, the repeated disobedience of the respondent -- mayor -- would render the orders of this court a mockery and seriously undermine the rule of law itself.''.

Earlier, the high court on May 13 had directed the mayor to administer the oath to the petitioner within seven days and file a compliance affidavit.

It had also warned that in case of non-compliance, both the mayor and the Lucknow district magistrate would have to appear personally before the court.

During the hearing, the mayor sought exemption from personal appearance on the ground that she had suffered a heat stroke and was admitted to Command Hospital on May 20.

However, the court noted that the affidavit filed on her behalf made no mention of compliance with the court order or even an intention to administer the oath.

The bench observed that despite the election tribunal declaring the petitioner elected, he had still not been administered oath, depriving him of participation in the democratic process.

The court further noted that when LMC counsel SS Chauhan was asked how long it would take to administer the oath, no answer was forthcoming, indicating deliberate non-compliance with the court's directions.

Reiterating its stand, the court said repeated disregard of judicial orders could not be permitted under any circumstances. It directed additional advocate general Anuj Kudesia to immediately inform the state government for passing appropriate orders ensuring compliance of its orders.