The Lucknow Bench of the Allahabad High Court has issued a stern directive to the Lucknow Mayor, District Magistrate, and Municipal Commissioner, ordering them to administer the oath of office to a newly elected corporator within one week. The court warned that failure to comply with this order would require the personal appearance of these high-ranking officials to explain the ongoing delay in a case that has persisted for nearly five months.
The matter arises from a petition filed by Lalit Kishore Tiwari, who was declared the winner of the local body election for Ward Number 73, Faizullaganj, Lucknow. Despite an election tribunal declaring his victory nearly five months ago, the administration has failed to conduct his swearing-in ceremony. The petitioner approached the High Court seeking a writ of mandamus to compel the authorities to perform their statutory duty.
On May 11, the court had previously observed the delay and warned that if the oath was not administered by Wednesday, the Mayor, the District Magistrate (DM), and the Municipal Commissioner would be required to appear personally before the bench to explain the situation.
During the hearing on Wednesday, the Bench of Justice Alok Mathur and Justice Amitabh Kumar Rai expressed significant displeasure after finding that the election tribunal’s order remained unimplemented.
While the Municipal Commissioner appeared in person, the Mayor and the District Magistrate sought exemptions from appearance. The Mayor filed an exemption application through counsel, and the DM cited being on leave as the reason for his absence.
Representing the Uttar Pradesh government, Additional Advocate General Anuj Kudesia appeared before the court, while advocate S.S. Chauhan represented the Mayor and the Municipal Commissioner.
The court noted that the state authorities and the municipal corporation had failed to provide any “convincing justification” for ignoring the tribunal’s order for nearly half a year. The bench emphasized that once a candidate is declared elected by a competent tribunal, the administration of the oath is a procedural necessity that cannot be indefinitely stalled.
Reiterating its stance on administrative accountability, the court stated that the newly-elected corporator must be administered the oath in strict compliance with the tribunal’s order.
The High Court has granted a final window of one week for the administration to complete the swearing-in process. The bench directed:
- The oath must be administered to Lalit Kishore Tiwari within seven days.
- Should the authorities fail to comply, the Mayor, the District Magistrate, and the Municipal Commissioner are directed to appear personally before the court on the next date of hearing.
The matter is scheduled for further hearing on May 21.
