The Calcutta High Court on Wednesday quashed a notice for a meeting of the TMC-controlled Bidhannagar Municipal Corporation (BMC) to remove Sabyasachi Dutta as its mayor and directed that a fresh notice be issued for taking up no-confidence proceedings against him within two days.
Dutta, who is also the TMC MLA from Rajarhat-New Town but has been at loggerheads with the party leadership, had moved the high court challenging the notice served on him by the civic body commissioner.
Justice Samapti Chattopadhyay held the notice had not been issued as per the provisions of West Bengal Municipal Act, 2006 and directed the BMC chairperson to convene the meeting on the basis of a requisition by 35 of the civic body's 41 councillors expressing 'no confidence' in Dutta.
Justice Chattopadhyay observed that in order to prevent horse-trading, the meeting will have to be held within two days.
In the notice issued to Dutta on July 9, the commissioner of the Trinamool Congress controlled BMC had convened a meeting of the board of councillors on Thursday on the direction of the chairperson for removing him as mayor.
The court quashed the notice noting that as per law, only the chairperson can issue a notice for a meeting of board of councillors of a municipal corporation.
On a direction by the high court, BMC chairperson Krishna Chakraborty Wednesday filed an affidavit stating the procedure followed in issuing the notice to Dutta for his removal from the civic body mayor's post.
Chakraborty's counsel Kalyan Banerjee submitted before the court that the commissioner serving the notice on the direction of the chairperson was not violative of the municipal law.
Banerjee claimed that the chairperson of the municipal corporation is not expected to serve a notice personally and that her officer can be entrusted to do so on direction from her.
Opposing the submission, the mayor's counsel Bikash Bhattacharya told the court that as per the municipal law, only the chairperson can issue a notice for holding a meeting of the board of councillors.
Dutta claimed that proper procedure was not followed in issuing the notice convening a special board meeting for his removal, and prayed for its quashing.
In the notice issued to Dutta on July 9, the commissioner convened a meeting of the board of councillors on July 18 on the direction of the chairperson.
Thirty-five councillors of the BMC had moved a resolution of no-confidence on Dutta as mayor and had given a requisition to the chairperson for holding a meeting in this regard.
Dutta was in the eye of a political storm over his recent meetings with BJP leader Mukul Roy.
In his petition, he claimed that the attempt to remove him from the post of mayor is a "sinister coup" to transfer power for satisfying personal ego.
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