Cal HC refuses plea to stay GTA polls

Calcutta High Court on Friday refused a petition for the stay of Gorkhaland Territorial Administration (GTA) elections in the Darjeeling Hills scheduled on June 26 and declaration of its results, observing that it is not inclined to grant the relief prayed for on the poll process.

The court said that the challenge to the constitutional validity of the GTA Act remains and that it will be heard out on later dates.

''This court is not inclined to grant the relief as prayed for, namely, to stay the election process which was initiated from 10th May, 2022 or restraining the respondents from giving any effect to the election results till the writ petitions are heard out,'' Justice Moushumi Bhattacharya ordered.

Justice Bhattacharya noted that an interim order passed by a single bench of the high court on July 27, 2012 in connection with this petition directed that the election to GTA and assumption of office by the elected would abide by the result of the petition.

''This court is of the view that this interim order sufficiently protects the writ petitioners and there is hence no immediate justification to stall the election process two days before the constituencies are scheduled to vote,'' Justice Bhattacharya said.

Petitioner Gorkha National Liberation Front (GNLF), which had in 2012 filed the petition challenging the constitutionality of the GTA Act, prayed for an immediate relief seeking setting aside of the notification dated May 10, 2022 for holding the GTA elections and for stay of operation of the same.

The Subhas Ghisingh-led GNLF had challenged the constitutionality of 'The Gorkhaland Territorial Administration Act, 2011', claiming that no constitutional amendment has yet been carried out to delete the expression 'Darjeeling Gorkha Hill Council' in the Constitution and substitute the expression with Gorkhaland Territorial Administration constituted under the GTA Act. Opposing the contention of the petitioner, Advocate General S N Mookherjee stated that GTA Act came into force on March 14, 2012 and the GTA (Election) Rules, 2012 were published on March 15, 2012. It was submitted by him that with relevant sections of the GTA Act coming into force in August, 2012, the Darjeeling Gorkha Hill Council Act, 1988 (the DGHC Act) stood repealed.