MOUSUMI ROY Vs. WEST BENGAL STATE ELECTION COMMISSION

JUDGEMENT

(1.) CAN 3 of 2002 has been filed in WPA (P) 299 of 2021 by the State seeking modification of the order dtd. 23/12/2021 in the above petitions. Along with the CAN 3 of 2022 the prayer C made in CAN 1 of 2021 in WPA (P) 271 of 2021 is also taken into consideration as it relates to initiating suo moto appropriate action against the responsible constitutional authority for misleading this Court.

(2.) On 23/12/2021 when the matter was heard, Learned Advocate General clarifying the decision in respect of election of Howrah Municipal Corporation had initially stated that a bill was passed by the State Legislative Assembly bifurcating the Howrah Municipal Corporation into Howrah Municipal Corporation and Bally Municipal Corporation and that bill was pending for before the Hon'ble Governor but later on he had stated before this Court that the Bill had received the assent of the Hon'ble Governor.

(3.) In CAN 3 of 2022, the State has sought the modification of the Order dtd. 23/12/2021 by stating that the Learned Advocate General had made the above statement on the basis of misunderstanding of instructions given to him. It has been clarified that the Bally Municipality has been constituted as per the provisions of West Bengal Municipal Act, 1993 vide notification dtd. 12/2/2021 after exclusion of part of area from Howrah Municipal Corporation by passing a resolution in West Bengal Legislative Assembly in terms of Sec. 219 (3) of the Howrah Municipal Corporation Act, 1980. The West Bengal Legislative Assembly has adopted a resolution in this regard and Schedule 1 (Schedule) of the Act has been amended accordingly by issuing the notification dtd. 12/2/2021, but Howrah Municipal Corporation (Amendment) Bill 2021 relating to Amendment of Clause (a) of Sub-Sec. (1) and Sub-Sec. (2) of Sec. 5 of the Howrah Municipal Corporation Act, 1980 is pending before the Hon'ble Governor for his consideration under Article 200 of the Constitution of India and the assent of the Hon'ble Governor has not been received.