Kolkata, Oct. 29 -- The Calcutta High Court on Thursday refused to stay the West Bengal government's decision to increase Kolkata Municipal Corporation (KMC) wards from 144 to 209, holding that the petitioner had failed to establish a prima facie case for interim relief against the delimitation exercise.

Justice Hiranmay Bhattacharyya observed that objections and suggestions had been invited at different stages and that there was nothing at this stage to indicate a breach of the relevant municipal law or constitutional provisions. The court also noted that the election notification had not yet been issued.

The petition filed by CPI(M) leader Dipu Das challenged the September 11 notification amending Schedule II of the Kolkata Municipal Corporation Act, 1980. He alleged that the exercise relied on electoral rolls instead of actual population and ignored geographical contiguity, compactness and administrative convenience. He also alleged that the boundaries were drawn to give an electoral advantage to the ruling party.

The court noted that the petitioner had not submitted any objection or suggestion against the draft delimitation proposal. It observed that a person who had not objected to the draft could not subsequently claim that no opportunity to raise objections had been provided.

Rejecting the argument that the Municipal Commissioner lacked authority to recommend delimitation after the elected corporation's dissolution, the court held that the Commissioner, appointed as Administrator, possessed the relevant powers and duties under the municipal law.

The court also said that granting a stay would affect the public at large, as the corporation would have to function without elected councillors. The balance of convenience, it held, was against granting interim relief.

The respondents were directed to file affidavits within three weeks, with the petitioner allowed one week thereafter to file a reply. The court clarified that its findings were prima facie observations made solely while deciding the interim-relief application.

Published by HT Digital Content Services with permission from Millennium Post.