Shimla: The Himachal Pradesh High Court has quashed the rejection of a no-confidence motion by the Deputy Commissioner of Hamirpur, directing a fresh meeting to deliberate and vote on the motion in the Hamirpur municipal council.

 The court made it clear that such motions must be debated in the house and cannot be dismissed on procedural technicalities.

Justice Sandeep Sharma emphasized that simply submitting or withdrawing a requisition does not fulfill the legal requirement of a no-confidence motion.

For the one-year statutory bar to apply, the motion must be discussed and resolved through voting.

In this case, a no-confidence motion dated March 1, 2024, was never debated but withdrawn before a meeting could be convened.

A subsequent motion on July 25, 2024, was then rejected by the Deputy Commissioner, citing the earlier withdrawal.

The court ruled that this rejection was invalid, highlighting that the house—not administrative authorities—must determine the outcome of such motions.

Safeguarding Democratic Accountability

The court observed that rejection based on procedural grounds undermines the legislative intent behind no-confidence motions, which is to hold elected leaders accountable.

"Withdrawal of an earlier requisition does not bar fresh motions," the judgment clarified, adding that the Deputy Commissioner must act promptly to ensure proper deliberation.

Legal Framework and Findings

The court referred to Rule 92 of the Himachal Pradesh Municipal Election Rules, 2015, which governs the procedure for no-confidence motions.

While withdrawal of a motion is allowed before a meeting, it must be unequivocal and supported by a majority. Subsequent motions within a year are barred unless the earlier motion has been resolved through a proper vote.

The court found that:

• The Deputy Commissioner failed to act as required under Section 25 of the Himachal Pradesh Municipal Act, 1994.
• The second motion was improperly dismissed based on a misinterpretation of procedural rules.

Directions and Observations

The court has directed the Deputy Commissioner to convene a meeting of the Hamirpur House to discuss the second motion and ensure it is decided on the house floor.

Additionally, authorities were urged to strictly adhere to statutory provisions to avoid such disputes in the future.