The Calcutta High Court on Tuesday directed the chairperson of Bidhannagar Municipal Corporation (BMC) to file an affidavit stating the procedure followed in issuing a notice to Sabyasachi Dutta for his removal from the civic body mayor's post.
Justice Samapti Chattopadhyay, while hearing a plea filed by Dutta, said the affidavit should be presented before the court during the next hearing on Wednesday.
Dutta, who is also the TMC MLA from Rajarhat-New Town, moved the high court challenging a notice served on him by the civic body commissioner.
The BMC mayor claimed that proper procedure was not followed in issuing the notice convening a special board meeting for his removal, and prayed for its quashing.
Appearing for Dutta, senior counsel Bikash Bhattacharya submitted that according to the rules laid down in the West Bengal Municipal Corporation Act, 2006, the commissioner of the civic body can call for a meeting of the corporation, but a board meeting has to be convened by the chairperson.
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.
Appearing for chairperson Krishna Chakraborty, advocate D Saha Roy submitted that the meeting for removal of the mayor was convened as per law.
A section of councillors also moved the court for being made party in the case, claiming that they should be heard as it was them who had brought a no-confidence motion against Dutta and passed a resolution in this regard.
The notice to Dutta was issued after adoption of the resolution, they claimed.
Justice Chattopadhyay asked their lawyer to file an application before the court on Wednesday.
In the eye of a political storm over his recent meetings with BJP leader Mukul Roy, Dutta has been at loggerheads with his party leadership for sometime.
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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