Kolkata, Nov. 2 -- A petition challenging the single bench's refusal to grant an interim stay on the Kolkata Municipal Corporation's (KMC) delimitation process ahead of the civic elections was moved before a Calcutta High Court Division Bench on Monday.
Seeking an urgent hearing and interim relief, the petitioner submitted before the bench of Justice Arindam Mukherjee that the plea would become infructuous once the election schedule was announced.
The bench, however, declined to grant immediate relief and allowed the petitioner to file the matter. It observed that since the case had already been admitted by a single-judge bench, the applicant could approach the court at any stage, even after the announcement of elections.
The legal challenge comes amid indications that elections to the Kolkata and Howrah municipal corporations could be held between late November and early December.
Earlier, the single bench had observed that objections and suggestions were invited at different stages of the delimitation exercise and that there was nothing at this stage to indicate any violation of the relevant municipal law or constitutional provisions. It had also noted that the election notification had not yet been issued.
The court further pointed out that the petitioner had not submitted any objection or suggestion against the draft delimitation proposal. It observed that someone who had not objected to the draft could not subsequently claim that no opportunity had been provided to raise objections.
Rejecting the contention that the Municipal Commissioner lacked the authority to recommend delimitation after the dissolution of the elected corporation, the single bench held that the Commissioner, having been appointed Administrator, possessed the relevant powers and duties under the municipal law.
Meanwhile, during a recent all-party meeting, opposition parties raised concerns over the delimitation exercise as well as the ongoing Special Intensive Revision (SIR) of electoral rolls.
Published by HT Digital Content Services with permission from Millennium Post.