Take ‘proper and legal decision’ to hold polls to 3 Hill municipalities: HC tells state

Kolkata: Citing a Supreme Court (SC) judgement, the Calcutta High Court on Wednesday directed the state to take a “proper and legal decision” towards holding elections to three municipalities in North Bengal whose term had

expired in 2022.

The Division Bench of Chief Justice (CJ) TS Sivagnanam and Justice Hiranmay Bhattacharyya was hearing a PIL that was directed against non-holding of municipal elections to three Hill municipalities of Kalimpong, Kurseong and Mirik for more than two years since the term of the last elected Board of Councillors expired in April 2022 without assigning any reason for such “inaction”. The petitioner submitted that the process for holding elections was initiated in 2022 but was abruptly stopped for reasons best known to the state.

The attention of the High Court (HC) was drawn to the SC judgement in Kishan Singh Tomar vs Municipal Corporation of Ahmedabad where the appellant had filed a Writ of Mandamus to direct the Municipal Corporation of Ahmedabad and Gujarat State Election Commission to take necessary steps for holding elections for constituting the municipal corporation before the expiry

of its duration.

The Bench of CJ Sivagnanam observed, the grievance expressed by the petitioner is fully justified and there can be no quarrel with the legal position that elections need to be conducted as per

constitutional mandate.

The bench also observed that SC, while dealing with the appeal in the mentioned case, took note of Article 243U of the Constitution which deals with duration of municipalities.

HC observed: “Despite the constitutional mandate and the observation of the Supreme Court, we find that the State of West Bengal has not taken any action to hold elections and form Board of Councillors for Kurseong and Kalimpong municipalities, and Mirik notified area.”

The court directed the principal secretary of Urban Development and Municipal Affairs department to consider the representation of the petitioner and “take a proper and legal decision bearing in mind constitutional mandate and the Supreme Court decision”.

“It is high time the state notifies the election to be conducted. The directions shall be complied with within six weeks from the date of order.

The authority should also take note of the mandate under Section 12 of West

Bengal Municipal Act, 1993,” the court ordered.