Allahabad High Court Revokes Lucknow Mayor’s Powers Over Oath Delay

thelawmonitor
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Allahabad High Court Revokes Lucknow Mayor's Powers Over Oath Delay

The Allahabad High Court has taken a significant step by suspending the administrative and financial powers of the Lucknow Mayor, citing her prolonged inaction in administering the oath of office to a Samajwadi Party (SP) corporator. This decision comes after nearly five months of delay, despite a prior court order mandating the oath be administered within a week.

Background of the Case

The legal controversy arose when the election tribunal set aside the initial election results from Ward-73 (Faizullaganj) on December 19, 2025, and declared SP candidate Lalit Kishore Tiwari as the rightful winner. However, the oath of office, necessary for Tiwari to commence his duties as a municipal councillor, was not administered, prompting him to seek the intervention of the High Court.

Court’s Directive and Non-compliance

The Division Bench, consisting of Justice Syed Qamar Hasan Rizvi and Justice Alok Mathur, expressed its dissatisfaction with the Mayor’s repeated non-compliance. Despite the court’s clear order on May 13, which directed the oath to be administered within seven days, no action was taken. The court emphasized that there were no legal barriers or justifiable reasons for this delay.

In response to this persistent non-compliance, the court ordered a suspension of the Mayor’s powers until the May 13 directive is fully implemented. The court’s decision underscores the necessity of adhering to judicial orders to maintain constitutional governance.

The High Court dismissed the Mayor’s argument that the pending appeal against the election tribunal’s decision justified the delay. It clarified that the tribunal’s order must be executed immediately unless a higher court issues a stay. The court underscored the seriousness of disobeying judicial directives and stated that administrative powers must not be misused to thwart judicial rulings.

The Bench highlighted that the suspension of the Mayor’s powers is not meant as a punishment but as a measure to ensure compliance with court orders. It also clarified that the municipal corporation’s operations would continue unaffected, with the Mayor’s absence treated as casual.

The court has instructed the Mayor to submit a compliance affidavit, warning that failure to do so may result in contempt proceedings. The case is scheduled for further hearing on May 29. Representing Lalit Kishore Tiwari were Advocates Nadeem Murtaza, Alina Masoodi, and others. The State was represented by Additional Advocate General Anuj Kudesia and other counsels.

This decisive action by the Allahabad High Court reaffirms its commitment to uphold the rule of law and ensure the enforcement of its directives.

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