Raiganj Municipality & Anr. vs The Commissioner

On 22nd February, 2017, the following order was passed:- "The present Administrator of Raiganj Municipality is directed to be added as party to the proceeding. The advocate-on-record of the appellants/writ petitioners is accordingly directed to amend the cause-title of the appeal, stay application as well as the writ petition and serve copies thereof upon the Administrator of Raiganj Municipality.

The Administrator of Raiganj Municipality is directed to file a report in the form of an affidavit on or before the next date stating therein specifically as to what steps he has taken till date from the date of assuming charge in order to ensure holding of election of the Municipality, with the timeframe stipulated by the Constitution of India.

Pendency of the appeal before us will not - in any manner - impede the West Bengal State Election Commission as well as State of West Bengal from taking immediate steps in order to hold elections of Raiganj Municipality in terms of the Constitutional mandate and following the ratio and spirit of the judgment rendered in the case of West Bengal State Election Commission vs. State of West Bengal & Ors. reported in AIR 2013 Cal 144."

When the matter is taken up for consideration today, a report in the form of an affidavit is sought to be filed on behalf of the Chairman, Board of Administrators of Raiganj Municipality, which may be taken on record. We are also informed by the learned advocate for the State that pursuant to the observations made by us in the order dated 22nd February, 2017, steps have been taken for holding of election of Raiganj Municipality in terms of the Constitutional provisions and following the ratio and spirit of the judgment rendered in the case of West Bengal State Election Commission vs. State of West Bengal & Ors. reported in AIR 2013 Cal 144. In this context, let a copy of the letter dated 14th March, 2017, issued by the Joint Secretary to the Government of West Bengal addressed to the Secretary, West Bengal State Election Commission, be taken on record. In such circumstances, no further orders are required to be passed in the instant appeal since effective steps have been already initiated by the State Government.

However, before parting with the appeal, we wish to take note of the statement made by the Chairman, Board of Administrators of Raiganj Municipality in paragraph 6 of his report, which is quoted hereinbelow:- "6. That regarding holding of election of Raiganj Municipality, it may be stated that the Administrator or the Board of Administrators does not have any authority to take any steps towards election of the said municipality."

It appears from the above statement that Mr. Thendhup Namgyal Sherpa, being the Chairman, Board of Administrators, Raiganj Municipality, has completely forgotten one important aspect of his role as head of Raiganj Municipality. And that is, it was his duty to bring to the notice of the State Government that the Constitutional mandate does not allow a state of vacuum to prevail once a municipality stands dissolved in accordance with Article 243U of the Constitution of India. For Mr. Sherpa to state that he did not have any authority to take any steps towards election of the said municipality tantamounts to abdication of his responsibility at least to knock at the door of the State Government and the State Election Commission for conducting the election of the municipality based on the Constitutional mandate as provided under Article 243U of the Constitution of India.

With the above observations, the appeal along with all connected applications stands disposed of.

Let a copy of this order be forwarded to the Joint Secretary, Government of West Bengal, Department of Urban Development & Municipal Affairs (Municipal Affairs Branch), as well as the Secretary, West Bengal State Election Commission.

Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.