BJP legal plan on civic board

VIVEK CHHETRI AND BIRESWAR BANERJEE, TT, 20 Jun 2019, Darjeeling/Siliguri: The BJP is mulling legal recourse to challenge the dissolution of the Darjeeling municipality board by the Bengal government.

Darjeeling MLA Neeraj Zimba on Wednesday said: "I had a talk with our MP Raju Bistaji and he is talking to some constitutional experts in Delhi. He told me that there would be a writ petition against this whole episode and we will approach the court. The state government on Tuesday appointed an administrator to run the Darjeeling civic body.

Even though Section 431, sub-section 7 of the West Bengal Municipal Act 1993 states that the decision of the state government "shall not be questioned in any court of law," Zimba, who is also a lawyer, said it was a matter of "interpretation" of law.

"Section 7 has to be rightfully interpreted. If the board had been dissolved legally, then of course, one cannot approach the court. When the very procedure is wrong -- when the majority of the members want the floor test, for her (Mamata Banerjee's) selfish political game or to appease some, then it is wrong," said Tamang.

Siliguri MLA and mayor Asok Bhattacharya of the CPM also questioned the dissolution.

"No showcause was served on the board before the decision was taken. Also, there is no charge of corruption or negligence against the civic board and its tenure is not over. How can the state government suddenly decide to appoint an administrator?" asked Bhattacharya, who is also a former municipal affairs minister.

He said boards were not dissolved when councillors of other political parties defected to Trinamul at Haldibari, Dalkhola and Dinhata. "The board was dissolved in Darjeeling because councillors had defected to the BJP," he said.

Bhattacharya said he would raise the issue in the Assembly.

Zimba, who took oath as the MLA in Gorkha language on Wednesday, said the municipality issue would be discussed at the BJP meeting in Calcutta on Thursday.