HC declines stay on GTA board

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Saturday, 28 July 2012 12:19

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HC declines stay on GTA board
The Telegraph

Calcutta, July 27: Calcutta High Court today declined to pass any interim stay on the formation of the GTA board in the hills but issued an interim order saying the new board would have to abide by the result of the case moved by DGHC chief Subash Ghisingh, who had challenged the legality of GTA Act, 2011.

Later ABGL added as a party to support Ghisingh’s stand.

Justice Dipankar Dutta, in his interim order, said there would be no bar on holding election, taking oaths and resuming the office by the GTA board members. “But the board members will have to abide by the result of the case.”

Appearing for ABGL, advocate Bikash Ranjan Bhattacharya had prayed for an order restraining the newly elected GTA board from resuming the offices before disposal of the case on GTA act.

Justice Dutta decided to hear the case in detail on August 10 and directed both the state and central government to file an affidavit-in-opposition by August 6.

“The petitioners will have to give their replies by August 8 and the case will be heard on August 10,” the judge said.

On June 19, the high court had admitted the case moved by GNLF leader Subash Ghisingh who has challenged the legality of the GTA.

HC refuses stay on GTA poll results
IBN Live

Kolkata, Jul 27 (PTI) The Calcutta High Court today refused to pass any interim stay on the declaration of results of Gorkhaland Territorial Authority (GTA) election and oath taking of the elected members. Justice Dipankar Gupta refused to pass an interim order on a plea by All India Gorkha League (AIGL) and directed that the parties in the case would abide by the final outcome of the case. The AIGL had moved the petition earlier this month seeking a stay on the GTA election and its counsel Bikash Bhattacharya today prayed for an interim stay order. Gorkha National Liberation Front (GNLF) President Subash Ghisingh's counsel Arunabha Ghosh submitted that as the matter involved the future of lakhs of Darjeeling residents, it be taken up at the earliest. Justice Gupta directed that the matter would come up for hearing on August 10. Oath-taking of elected members of the first GTA, which replaces the earlier Darjeeling Gorkha Hill Council, is scheduled on August four. Ghisingh had on June 14 filed a petition in the Calcutta High Court challenging the GTA Act 2011 claiming that it was ultra vires to the Constitution. The petition claimed that the GTA Act could not come into force in Darjeeling Hills without amending the Constitution. The Constitution provides that if the Darjeeling Gorkha Hill Council Act, 1988 (DGHC) was repealed, the entire area would come under the purview of the Indian Panchayat and Municipalities Act, the petition stated. If the DGHC was scrapped, the new act could not come into force without amending the Constitution, Ghising's petition claimed. The court directed Gorkha Janmukti Morcha President Bimal Gurung, who has been made a respondent in the case, to file his affidavit in opposition to the petition within August four. PTI AMR PR