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2019 Supreme(Cal) 265

DEBANGSU BASAK
Belquis Begum – Appellant
Versus
State Of West Bengal – Respondent


Advocates:
Advocate Appeared:
Bikash Ranjan Bhattacharya, Advocate, Samim Ahmed, Advocate, Sabyasachi Chatterjee, Advocate, Firdous Samim, Advocate, Arka Maiti, Advocate, Utsav Dutta, Advocate, Saktinath Mukherjee, Advocate, Asoke Banerjee, Advocate, Aloke Kumar Ghosh, Advocate, Arijit Dey, Advocate, Kishore Dutta, Advocate, Abhratosh Majumdar, Advocate, Jishnu Chowdhury, Advocate, Sirsanya Bandopadhyay, Advocate, Arka Kr Nag, Advocate

JUDGMENT :

DEBANGSU BASAK, J.

1. The petitioner has challenged the vires of the amendment to the Kolkata Municipal Corporation Act, 1980.

2. By the impugned amendment, Section 6 of the Kolkata Municipal Corporation Act has permitted the elected Councilors of the Corporation to appoint any individual as the Mayor subject to such individual getting elected within a period of six months from the date of his initial appointment.

3. Learned Senior Advocate appearing for the petitioner has drawn the attention of the Court to the stand taken by the State in its affidavit. According to him, the State is justifying the impugned amendment on a plea that cannot be accepted. The State's contention that, the election of the person appointed as the Mayor by virtue of the impugned amendment, to a seat of the Corporation, is merely deferred, is without any basis. He has submitted that, deferent of election to the Corporation is neither contemplated nor authorised under Article 243R of the Constitution of India. Such a plea militates against the spirit of Article 243R. It militates against the concept of local self-government by elected representatives, as introduced to the Constitution by the 74th A





































































































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