TNN, Jun 14, 2012, , KOLKATA: Gorkha National Liberation Front (GNLF) and its president Subash Ghisingh is gearing up to challenge the GTA Act 2011 before the Calcutta high court. He will file a writ petition, praying for an order declaring the Act unconstitutional.
The petition will be affirmed by Ghisingh on Thursday before being filed in the court. The matter is likely to come up for hearing before Justice Dipankar Dutta. Senior advocate Arunava Ghosh will appear for Ghisingh, who has claimed in the petition that the GTA Act can't come into force in the Hills without amending the Constitution. According to him, the Constitution provides that if the Darjeeling Gorkha Hill Council Act, 1988 (DGHC) is repealed, the entire area will come under the purview of the Indian Panchayat and Municipalities Act. Under this clause, if the DGHC goes, the new Act can't come into force without amending the Constitution.
Shibu Soren to meet GJM leaders: Political situation in the Hills may take an interesting twist with Jharkhand Mukti Morcha (JMM) chief Shibu Soren visiting Darjeeling on Thursday with son and Jharkhand deputy CM Hemant Soren and other top leaders of the party. Soren plans to meet both Gorkha Janmukti Morcha (GJM) and Akhil Bharatiya Adivasi Vikas Parishad (ABAVP) leaders during his stay in Darjeeling. tnn
The petition has sought injunction restraining the Centre, state government and the Gorkha Janmukti Morcha from acting in any manner whatsoever on the basis of the settlement dated July 18, 2011 and GTA Act 2012, till its disposal. The petition also seeks an order for continuation of the DGHC Act, 1988, till disposal of the case. The petition also prays to the court to declare the GTA Act 2011 as unconstitutional.
TT, Calcutta, June 13: The GNLF chief and former chairman of Darjeeling Gorkha Hill Council, Subash Ghisingh, will move the Calcutta High Court tomorrow to challenge the legality of the Gorkhaland Territorial Administration Act.
Announcing Ghisingh’s decision today, his counsel Arunava Ghosh said: “Ghisingh will come to Calcutta High Court tomorrow to sign his petition. After signing the petition, a case will be moved before the appropriate court. Ghisingh’s petition claims that the Gorkhaland Territorial Administration Act, passed by the state government in September to form the Gorkhaland Territorial Administration, is ultra vires of the Constitution.”
Advocate Ghosh said the Trinamul Congress-led government had decided to set up the GTA by dissolving the DGHC.
“But after the dissolution of the DGHC, the entire area should come under the control of the municipalities and panchayats. To form another administrative body in the hills, the Constitution would have to be amended. So, the act to set up such a body in the hills without this amendment would go against the provisions of the Constitution,” said Ghisingh’s counsel.
TT, Calcutta, June 13: The GNLF chief and former chairman of Darjeeling Gorkha Hill Council, Subash Ghisingh, will move the Calcutta High Court tomorrow to challenge the legality of the Gorkhaland Territorial Administration Act.
Announcing Ghisingh’s decision today, his counsel Arunava Ghosh said: “Ghisingh will come to Calcutta High Court tomorrow to sign his petition. After signing the petition, a case will be moved before the appropriate court. Ghisingh’s petition claims that the Gorkhaland Territorial Administration Act, passed by the state government in September to form the Gorkhaland Territorial Administration, is ultra vires of the Constitution.”
Advocate Ghosh said the Trinamul Congress-led government had decided to set up the GTA by dissolving the DGHC.
“But after the dissolution of the DGHC, the entire area should come under the control of the municipalities and panchayats. To form another administrative body in the hills, the Constitution would have to be amended. So, the act to set up such a body in the hills without this amendment would go against the provisions of the Constitution,” said Ghisingh’s counsel.
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