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IN THE HIGH COURT AT CALCUTTA
RAJA BASU CHOWDHURY
Jaya Das (Nayak) – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. election challenge under municipal act (Para 3 , 4) |
| 2. arguments on compliance with election rules (Para 5 , 6 , 7) |
| 3. court's analysis on appointment procedures (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. decision on the validity of the election (Para 15) |
| 5. writ petition disposed with directives (Para 16 , 17) |
JUDGMENT :
RAJA BASU CHOWDHURY, J.
1. Affidavit of service filed in Court today is taken on record.
2. By consent of the parties, the matter is taken up for final consideration.
3. The present petition has been filed, inter alia, challenging the election of the Chairman of the Board of Councillors of Tamralipta Municipality (hereinafter refer to as “said Municipality”) which the petitioners would contend has been held de hors the provisions of the West Bengal Municipal Act, 1993 (hereinafter referred to as the “said Act”) and the West Bengal Municipalities (Procedure and Conduct of Business) Rules, 1995 (hereinafter referred to as the “said rules”).
4. In this case, admittedly, on the Chairman and Vice-Chairman of the said Municipality resigning, the Governor by an order dated 18th November, 2025, upon receipt of information in that regard from the District Magistrate and
The election of the Chairman of the Board of Councillors must comply strictly with statutory provisions; failure to adhere to procedures invalidates the election results.
The removal of a Chairperson by a motion of no confidence supported by a majority of Ward Commissioners is valid under the Assam Municipal Act, 1956, and does not require government approval.
Point of Law - Statutory provisions of resignation under section 35 (5) are completely and wholly different than the one under section 37 of the Municipality Act and therefore, interpretation which h....
Elections for a casual vacancy in a municipal council must be held within statutory timelines, and if less than six months remain in the council's term, the vacancy should not be filled.
The court's decision was influenced by the interpretation of Rule 8(7)(a) of the Kerala Municipality (Election of Chairperson and Deputy Chairperson) Rules 1995, which mandates drawing lots and decla....
The court determined that indirect elections for Mayor can proceed despite the short duration remaining in the current term, affirming distinct treatment from direct elections subject to statutory re....
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