Rajesh Sharma, KalimNews, Kolkata, 10 August 2012: The Calcutta High Court today postponed the hearing on an appeal moved on 27 July 2012 regarding the formation of GTA in the place of DGHC in the Darjeeling hills. Gorkha National Liberation Front (GNLF) President Subash Ghisingh's counsel Arunabha Ghosh speaking to KalimNews said that the matter could not be heard as it was enlisted bearing number 83 and the court could not permit time for its hearing as the hearing of other cases crossed the court hour of 4pm. Ghosh affirmed that the appeal of Ghisingh has merits to get justice and will be heard in the coming next week.
Earlier in the same case seeking a stay on the GTA election counsel Bikash Bhattacharya of ABGL had prayed for an interim stay order but Justice Dipankar Gupta refused to pass any interim stay on the declaration of results of Gorkhaland Territorial Authority (GTA) election and oath taking of the elected members.
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 The Constitution provides that if the Darjeeling Gorkha Hill Council Act, 1988 (DGHC) was repealed, the entire area would come under the purview of the Indian Panchayat and Municipalities Act, the petition stated.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.