Kolkata, Nov. 4 -- The Calcutta High Court on Wednesday restrained the West Bengal government from issuing any KMC election notification until November 6, pending a challenge to the proposed increase in wards from 144 to 209.
The court passed the interim order after questioning whether an Administrator could exercise powers statutorily vested in an elected Corporation.
At the heart of the dispute is the authority under which the delimitation exercise was undertaken. The petitioners questioned whether an Administrator could lawfully exercise powers that the KMC Act assigns to an elected Corporation.
Senior advocate Bikash Ranjan Bhattacharya, appearing for the petitioners, pointed out that the elected council was dissolved on June 8 and its former chairperson, Smita Pandey, was subsequently appointed Administrator. He argued that her appointment was intended for administrative purposes and could not confer legislative authority to take decisions on behalf of the elected body. The delimitation notification was issued in September, he submitted, without a legally competent Corporation making the necessary recommendation.
The bench questioned this arrangement, observing that if an Administrator appointed by the state could exercise the Corporation's statutory powers, it would create an anomalous situation in which the government was effectively issuing directions to itself.
Advocate General Surajit Nath Mitra defended the exercise, arguing that the state did not require the KMC council's approval and that the Administrator possessed the Corporation's full powers. He also contended that Article 243ZG barred judicial scrutiny of delimitation disputes except through an election petition after the polls.
The petitioners also alleged inadequate application of mind and raised concerns over the financial implications and possible gerrymandering.
The court reserved its order on the challenge and will take up the matter again on November 6.
Published by HT Digital Content Services with permission from Millennium Post.