WB Municipal Polls: Calcutta High Court Seeks Reasons For Exclusion Of Howrah Municipal Corporation From Election Schedule

The Calcutta High Court has sought response from the West Bengal government as well as the State Election Commission as to why Howrah Municipal Corporation has been excluded from the election schedule notified on December 28, 2021.

It was only last month that the State Election Commission, represented by Senior Advocate Jayanta Mitra, had informed a Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bhardwaj that the first phase of the remaining municipal polls would be held on January 22, 2022 and would include municipal bodies of Howrah, Chandannagar, Bidhannagar, Asansol and Siliguri. 

Through the impugned notification however, the SEC has finalized the schedule for elections of four municipal bodies, namely, Siliguri Municipal Corporation, Chandernagore Municipal Corporation, Bidhannagar Municipal Corporation and Asansol Municipal Corporation. The Howrah Municipal Corporation has been excluded from the list.

Taking note of the same, a Bench comprising Justice Shampa Sarkar and Justice Bibhas Ranjan De observed, 

"We are of the view that the reasons for which the respondents have decided not to hold the election for Howrah Municipal Corporation on January 22, 2022, although there was a proposal submitted before the court, is to be brought on record by way of affidavits"

Arguments

During the proceedings, the counsel appearing for the petitioner submitted that neither the State nor the Election Commission had abided by the observations made and directions of the Division Bench in its order dated December 23, 2021. He further contended that the respondents could not have gone back on the undertaking given before this Court, thereby excluding the election of Howrah Municipal Corporation from the notification.

The petitioner further argued that the reason behind such an action was 'motivated, mala fide' and in order to favour a particular political party. The Court was further apprised that in view of the misappropriation of funds and other illegal activities, which are going on in the Howrah Municipal Corporation, the election is not being held although the same is due since 2018.

On the contrary, Advocate General S.N Mookerjee appearing for the Department of Urban Development and Municipal Affairs, Government of West Bengal submitted that a proposal to this effect was made at the relevant point of time but the said proposal could not be taken as an undertaking or a statement before the Court that elections of all the corporations including Howrah Municipal Corporation would be held definitely on January 22, 2022. He further submitted that although the allegations are against the Howrah Municipal Corporation but the Board has not been impleaded as a party respondent in the proceeding.

The Advocate General further submitted that his statement before the Division Bench, with regard to bifurcation of Howrah Municipal Corporation into Howrah Municipal Corporation and Bally Municipality and the fact that the Bill had received the assent of the Governor, was mistakenly made by him. He further informed the Court that an application shall be filed in this regard before the regular Bench for modification. 

On a perusal of the rival submissions, the Court sought response from the State government and the State Election Commission as to whether the exclusion of Howrah Municipal Corporation from the notification dated December 28, 2021 had been done for political gain. 

Directions Issued 

The Court directed the State Election Commission and the State government to place on record affidavits responding to the following queries before the next date of hearing that is slated to take place on January 6, 2022. 

• The reason why Howrah Municipal Corporation was excluded from the notification dated December 28, 2021.

• Why the proposal of the Additional Secretary to the Government of West Bengal, Department of Urban Development and Municipal Affairs was not accepted by the State Election Commission?

• Whether the exclusion of Howrah Municipal Corporation from the notification would amount to a violation of the directions of this Court dated December 23, 2021.

• Whether the proposal made was an eye wash and an attempt to non-suit the petitioner, by rendering the primary prayer for a direction upon the respondents to hold simultaneous elections for the municipal corporations and municipal bodies, as infructuous.

Case Title: Mousumi Roy v. West Bengal State Election Commission & Ors

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