BASABI RAICHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petition has been filed by the petitioner by way of Public Interest Litigation. The main prayer made is that respondents be directed to hold the elections of the Corporation/Municipal Council as the period has come to an end between 15th July, 2013 and 24th July, 2013 from the date of first meeting. There are 13 Municipalities of which the elections have fallen due. They are (1) Burdwan Municipality, District Burdwan, (2) Guskara Municipality. District Burdwan, (3) Dubrajpur Municipality. District Birbhum, (4) Alipurduar Municipality, District of Jalpaiguri, (5) Mekliganj Municipality, District Cooch-behar, (6) Haldibari Municipality, District Cooch-behar, (7) Medinipur Municipality, District Paschim Medinipur, (8) Chakdah Municipality, District Nadia. (9) Panihati Municipality, District North 24-Parganas, (10) Habra Municipality. District North 24-Parganas, (11) Diamond Harbour Municipality, District South 24-Parganas, (12) Balurghat Municipality, District Dakshin Dinajpur and (13) Dalkhola Municipality. District of Uttar Dinajpur.

(2.) With respect to Medinipur Municipality, it is submitted by the State Election Commission that since delimitation of constituency has to take place, election cannot be held before 22nd November, 2013. They have proposed the election to be held for Medinipur Municipality on 22nd November, 2013 along with four other Municipalities/Corporation, of which the period of 5 years will also come to an end in the month of November, 2013. The said four Municipalities/Corporation are - (1) Krishnagar, District Nadia. (2) Jhargram, District Paschim Medinipur, (3) Berhampore Municipality, District Murshidabad and (4) Howrah Municipal Corporation, District Howrah.

(3.) The State Government has proposed to hold the election of aforesaid 13 municipalities on 5th of September, 2013, whereas the State Election Commission has proposed the date on 22nd September, 2013 for holding the election of 12 municipalities out of the aforesaid 13 municipalities except Medinipur, as it has to finalise the voters' list and as at present Panchayat elections are going and counting to be completed by 3rd August, 2013 and they will start the process by inviting objections on voters' lists from 10th of August, 2013 and have proposed to issue election notification on 17th August, 2013 for elections proposed to be held for 12 municipalities of which has expired, on 22nd September, 2013.