Hamro Party moves High Court Division Bench on Darjeeling Municipality floor test

EOI, DARJEELING, JAN 5, 2023: The Hamro Party has filed a petition before the Division Bench of the Jalpaiguri Circuit Bench of the Kolkata High Court challenging the earlier verdict of the Holiday Bench to conduct floor test in the Darjeeling Municipality. 

The petition has been filed by former chairman of Darjeeling Municipality Ritesh Portel and vice chairman Yankee Sherpa. 

Sixteen councillors of the Darjeeling Municipality owing allegiance to the Bharatiya Gorkha Prajatantrik Morcha had moved a no confidence motion against the HP-led civic body. 

The floor test was conducted on December 28, with the HP councillors refusing to attend the extraordinary special meeting. 

The Municipality Executive Officer dissolved the old board and removed Portel as the chairman. 

The new board is expected to be formed and the chairman selected after 10 to 12 days by the District Magistrate of Darjeeling. The HP has alleged that besides the illegal floor test, one of the councillors from Ward No.18 affiliated to the Trinamool Congress had abused his post and office. 

 “According to the Bengal Municipality Act, an elected councillor cannot indulge in any illegal action. Ward no 18 Trinamool councillor Ganesh Sarki is indulging in illegal construction work. Before our board was dissolved the Darjeeling Municipality had issued a notice to him and also took action by dismantling the illegal portion," said Portel 

“We had appealed against the floor test citing such cases but due to a verdict given by the Holiday Bench a floor test was conducted on December 28. We filed two different petitions today at the Kolkata High Court Jalpaiguri Circuit Division Bench,” said Portel; adding that the petitions were filed by him and the Darjeeling Municipality vice chairperson, Yankee Sherpa. 

In the Press release Portel alleged that Sarki had acted against the Bengal Municipality Act by being part of an illegal construction and that the petitions filed were against Sarki indulging in illegal activity and action needed to be taken against him. 

The HP leader also sought the floor test be declared invalid. 

“The Division bench will hear the two petitions on Friday,” said Portel. 

The Darjeeling civic body was being run by the HP after they swept the civic polls held in March last year, winning 18 out of the total of 32 seats while the BGPM won nine. 

However, the equation changed as six councilors from the HP joined the BGPM and then demanded a floor test to be held to prove their majority.

Councilors of the HP and the Gorkha Janmukti Morcha did not attend the floor test on that day, with only 16 of BGPM and Trinamool Congress being present in the meeting.

The BGPM with the alliance of the Trinamool Congress enjoys the support of16 councillors while the HP has the support of 15 councillors in alliance with the Gorkha Janmukti Morcha. 

The ward no. 24 seat is vacant after the resignation of BGPM councilor Amar Lama who unsuccessfully contested the Gorkhaland Territorial Administration election held recently in June 2022. The GJM won three seats and the Trinamool two in the civic polls