Supreme Court Reinstates Solan Mayor Usha Sharma, Criticizes Political Bias in Disqualification

In a significant legal development, the Supreme Court on Monday reinstated Usha Sharma as the Mayor of Solan, Himachal Pradesh, for the remainder of her term. The decision came after her disqualification was contested, with the top court describing the entire episode as a case of “political goondaism” and “male bias.”

The case stems from an earlier order by the Himachal Pradesh High Court, which had upheld Sharma’s disqualification, alongside former Mayor Poonam Grover, for allegedly defying the party’s directions during the mayoral election held on December 7, 2023. Both Sharma and Grover, who were councillors from Ward 12 and Ward 8, respectively, had voted contrary to the Congress party’s candidate in the election, leading to a complaint from the district Congress president. The complaint accused them of casting their votes against the party’s designated mayoral candidate, Sardar Singh Thakur.

Under the Himachal Pradesh Municipal Corporation Act, 1994, the Congress party sought to disqualify Sharma, Grover, and a few others under the grounds of defection. The High Court had dismissed their pleas, upholding the disqualification, which led to their legal challenge in the Supreme Court.

On August 20, 2024, the Supreme Court issued an interim order staying the disqualification, and after hearing further arguments, it made the order absolute on Monday. Justices Surya Kant and N Kotiswar Singh, in their ruling, questioned the fairness of the High Court’s decision and emphasized that Sharma’s removal was not just an issue of defiance against party instructions, but also one that exhibited gender-based bias. The bench noted that the case was emblematic of political manipulations and male-dominated bias in the functioning of local politics.

While senior advocate Devadatt Kamat, appearing for the respondents, sought to counter the reinstatement, the bench expressed its unwillingness to pass any strictures at this stage, instead focusing on the political undertones of the disqualification process.

Sharma’s counsel argued that since her tenure was set to conclude next year, the court should uphold its interim decision, which was subsequently affirmed. The order of August 20, 2024, had stayed the high court’s decision to disqualify Sharma and Grover, allowing Sharma to continue her duties as Solan’s Mayor. This latest ruling ensures that Sharma remains in office until her term expires.

The controversy surrounding Sharma’s disqualification centers around internal Congress politics, where infighting led to accusations of defection by party members. Despite Congress’ official candidate, Sardar Singh Thakur, being nominated for the mayoral position, Sharma filed her own nomination and proceeded to win the mayoralty, with Grover backing her bid. The district Congress president filed a petition citing the violation of party discipline, triggering the disqualification proceedings.

While the high court had found sufficient grounds to uphold Sharma’s disqualification, stating that the inquiry officer’s report was based on adequate evidence, the Supreme Court was critical of the reasoning and the political circumstances surrounding the case. The top court’s intervention highlights the judiciary’s role in addressing political maneuvering that impacts elected representatives, particularly in municipal elections where local power struggles often come to the fore.

Sharma’s reinstatement represents a significant moment in the ongoing political and legal battles in Himachal Pradesh, shedding light on the complexities of party loyalty, internal politics, and the role of the judiciary in upholding democratic principles. The decision also serves as a reminder of the importance of due process in election-related disputes, especially when gender and political bias come into play.

#SupremeCourt #UshaSharma #SolanMayor #PoliticalBias #HimachalPolitics #Judiciary #PoliticalGoondaism #SolanElection