KOLKATA: The Calcutta High Court on Friday refused to stick the December three mayoral election of the Kolkata Municipal Corporation (KMC).
The two contestants in the fray are Trinamool Congress candidate Firhad Hakim and BJP councillor Meena Devi Purohit.
Justice Debangshu Basak, on the other hand, dominated that the validity of the election and its consequence would rely on the court’s final judgment on the petition challenging the modification to the KMC Act. The modification allows any person, who is not a councillor, to contest a mayoral election. The court then mounted December 17 as the next date of hearing.
The petition was once filed by way of CPM’s Ward No. 75 councilor Belquis Begum. The petitioner prayed that the court claim the modification extremely vires of the Constitution.
During Friday’s hearing, the petitioner’s suggest Bikash Ranjan Bhattacharya argued that the modification was once beyond the competence of the state legislature and towards provisions of the Constitution. Elaborating, the suggest argued that Article 243 (R) of the Constitution does now not empower the state legislature to enact such an modification.
Opposing the petition, state advocate common Kishore Dutta argued that no case was once made out by way of the petitioner for an meantime order on the petition. It is a legislaive determination, he stated.
Appearing for the KMC, Shaktinath Mukherjee too adversarial the petition, mentioning that by way of bringing in the modification, the state govt had now not executed anything else unconstitutional as alleged by way of the petitioner.
The two contestants in the fray are Trinamool Congress candidate Firhad Hakim and BJP councillor Meena Devi Purohit.
Justice Debangshu Basak, on the other hand, dominated that the validity of the election and its consequence would rely on the court’s final judgment on the petition challenging the modification to the KMC Act. The modification allows any person, who is not a councillor, to contest a mayoral election. The court then mounted December 17 as the next date of hearing.
The petition was once filed by way of CPM’s Ward No. 75 councilor Belquis Begum. The petitioner prayed that the court claim the modification extremely vires of the Constitution.
During Friday’s hearing, the petitioner’s suggest Bikash Ranjan Bhattacharya argued that the modification was once beyond the competence of the state legislature and towards provisions of the Constitution. Elaborating, the suggest argued that Article 243 (R) of the Constitution does now not empower the state legislature to enact such an modification.
Opposing the petition, state advocate common Kishore Dutta argued that no case was once made out by way of the petitioner for an meantime order on the petition. It is a legislaive determination, he stated.
Appearing for the KMC, Shaktinath Mukherjee too adversarial the petition, mentioning that by way of bringing in the modification, the state govt had now not executed anything else unconstitutional as alleged by way of the petitioner.
Caltutta HC refuses stay on KMC mayoral poll
![Caltutta HC refuses stay on KMC mayoral poll]()
Reviewed by Kailash
on
December 01, 2018
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