darjeeling: Hamro Party (HP) team comprising of Darjeeling Municipal Councillors led by the Chairman, Darjeeling Municipality met the Darjeeling SDO seeking the disqualification of 4 councillors who had recently switched over to the Bharatiya Gorkha Prajatantrik Morcha (BGPM) from HP and then demanded a floor test. Invoking section 21(B) of the Bengal Municipal Act they demanded disqualification.
The four councillors against whom the HP has moved a disqualification plea include Dipen Thakuri, Saran Kumar Chettri, Sitam Lama and Vishnu Malla.
Shyamlal Pradhan, Counsel, HP stated "Provision 21(B) of the Bengal Municipal Act 1993 states that if independent candidates switch over to a recognized political party after 6 months of the formation of the Board they are liable to be disqualified."
Adding to this Ritesh Portel, Chairman, Darjeeling Municipality said: "We have approached the competent authority with our plea. He will also hear the other side and make a decision. If no steps are taken we will seek legal recourse knocking on the doors of the judiciary."
However, BGPM has countered this stating that the above section has been misinterpreted and misrepresented by HP. "As the BGPM is not a recognised party though registered the section is not applicable. It has been misrepresented," contested Amar Lama, a lawyer and General Secretary, BGPM.
Vishnu Malla, a councillor who had also crossed over to the BGPM argued that they are not members of the Hamro Party.
"We do not have the primary membership of HP also. Let them prove it. They are desperate. Instead of all this, they should call a meeting immediately for a floor test to prove which party has the majority," said Malla.
Section 21B of the Bengal Municipal Act 1993 is a provision that deals with "Disqualification for being a councillor on change of political party by the councillor." Sub-clause (b) stated, "he is elected councillor (not) set up by a recognised political party and he has joined a recognised political party on the expiry of six months from the date of election."