HC suspends Lucknow mayor's powers over delay in oath to SP corporator elected by tribunal

The Allahabad High Court on Thursday suspended the administrative and financial powers of Lucknow Mayor Sushma Kharkwal until Samajwadi Party (SP) leader Lalit Kishore Tiwari is administered the oath as corporator of Ward No. 73, Faizullaganj (III), nearly five months after an election tribunal declared him elected.

A bench of Justices Alok Mathur and S.Q. H. Rizvi of the Lucknow bench directed that the mayor's financial and administrative powers would remain suspended until Tiwari is formally sworn in.

The court passed the order while hearing a matter concerning the continued delay in administering the oath to Tiwari despite an election tribunal having declared him elected from the ward.

The bench had earlier, on 13 May, expressed displeasure over the failure to implement the tribunal's order and directed that the oath be administered within a week. It had warned that the mayor, the district magistrate and the municipal commissioner would have to appear personally before the court if compliance was not ensured by 21 May.

Exemption from personal appearance was sought by the mayor and the district magistrate during the proceedings.

Tribunal had set aside BJP corporator's election

The dispute stems from the Urban Local Body Elections 2023 for Ward No. 73 Faizullaganj (III), where BJP (Bharatiya Janata Party) candidate Pradeep Kumar Shukla, also known as Tinkoo Shukla, was initially declared elected after securing 4,972 votes against SP candidate Lalit Kishore Tiwari's 3,298 votes.

Following the election, Tiwari challenged the result before the election tribunal, alleging that Shukla had failed to disclose mandatory information in his nomination affidavit and election documents.

According to the petition, the omission amounted to concealment of material facts and violated statutory requirements governing election disclosures.

After examining the records and hearing the parties, the tribunal held that failure to furnish essential information constituted a serious irregularity affecting the validity of the election process.The tribunal subsequently set aside Shukla's election and declared Tiwari elected as corporator from the ward.

The court reportedly held that concealment of facts and non-submission of mandatory documents amounted to fraud, rendering the election liable to be invalidated.

Parties react to verdict

Pradeep Kumar Shukla has expressed dissatisfaction with the tribunal's findings and said he intends to challenge the decision before a higher court.

Speaking after the ruling, Shukla said he would pursue available legal remedies and could approach the Allahabad High Court if necessary. He maintained that his position was supported by facts and expressed confidence in the judicial process.

Tiwari, meanwhile, welcomed the verdict, describing it as a victory for truth and justice.

He said the legal battle had been lengthy but fair and maintained that the challenge to the election result was based on documentary evidence and legal grounds.

The High Court's latest order now places additional pressure on the Lucknow Municipal Corporation to implement the tribunal's decision by administering the oath to Tiwari, failing which the mayor will continue to remain deprived of her administrative and financial authority.