This is the Notice of Demand Justice address to The Chief Secretary, Government of West Bengal. To, Date: 14/10/2014 1) The Chief Secretary, Government of West Bengal, Nobanya, Howrah – 3. 2) The Secretary, Government of West Bengal, Ministry of Municipal Affairs, Writers’ Building, Kolkata-1. 3) The Secretary, Government of West Bengal, Raj Bhaban, Kolkata – 1. Justice Demand Sub: Illegal appointment of ADM, Asansol and Ex-Mayor of Asansol Municipal Corporation as Chairman of Board of Administrators or Board Members Ref.: (i) Notification Ref. No. 318/MA/O/C-4/1M-1/2001 dated, Kolkata, the 14th day of July 2014 (ii) Notification Ref. No. 455/MA/O/C-4/1M-1/2001 dated, Kolkata, the 29th day of September 2014 Respected Sir/s, We the undersigned persons beg to draw your kind attention about the following facts: - 1) That after expiry of 5 (five) years the Board of Councilor of Asansol Municipal Corporation has been dissolved on 17th day of July 2014 and thereafter vide notification No. 318/MA/O/C-4/1M-1/2001 dated, Kolkata, the 14th day of July 2014 the Governor of West Bengal appointed Additional District Magistrate, Asansol with affect from 17th July of 2014 from which the terms of existence of councilors shall dissolve. 2) That recently by another notification dated 29th Sep. 2014 the Governor has appointed Sri Tapas Banerjee, Hon’ble Member, West Bengal Legislative Assembly as a member of Board of Administrators. 3) In the said notification it has been mentioned that the Governor in exercise of the power conferred by sub-section (4) of section 11 of the West Bengal Municipal Corporation Act, 2006 (West Bengal Act XXXIX of 2006) has been pleased hereby to appoint the Board of Administrators for the said Corporation consisting with the following members of the said Board with immediate effect and until further order(s): (1) Sri Tapas Banerjee, Hon’ble Member, West Bengal Legislative Assembly and (2) Additional District Magistrate, Asansol. The Governor is further pleased to direct that the Additional District Magistrate, Asansol, shall act as the Chairperson of the said Board of Administrators until further order(s). 4) The Notification appointing Administrator and Board of Administrator u/s 11 of The West Bengal Municipal Corporation Act, 2006 is totally wrong illegal and contrary to the provision laid down in sec. 11 of The West Bengal Municipal Corporation Act, 2006. 5) On plain & simple reading of sec. 11 of The West Bengal Municipal Corporation Act, 2006 it would be clear that “The Board Councilors, unless dissolved earlier, shall hold office for a period of 5 (five) years from the date appointed for its first meeting after the general election and no longer” and also from sub-sec. (3) it would be clear that “In a newly constituted Corporation area, all the powers or functions, vested with the Corporation authorities under this Act or under any other law, for the time being in force, for the purpose of shaping up the municipal administration, shall be exercised or performed, as the case may be, by such person or persons to be designated as the Administrator or the Board of Administrators, as the State Government may, by notification, appoint for a period not exceeding 6 (six) months”. So sub-sec. (3) speaks about newly constituted corporation area which is not applicable to Asansol Municipal Corporation. And from sub-sec. (4) of sec. 11 of The West Bengal Municipal Corporation Act, 2006 it would be found that “If for any reason, it is not possible to hold the general election of a Corporation before the expiry of the period of 5 (five) years, specified in sub-sec. (2), the Board of Councilors shall stand dissolved on the expiration of the said period and all the powers of functions vested with the Corporation authorities under this Act or under any other law for the time being in force, shall be exercised or performed, as the case may be, by such person or persons to be designated as the Administrator or the Board of Administrators as the State Government, by notification, appoint”. 6) But in case of A.M.C. the Board has not dissolved before expiry of 5 (five) years. The term of the Board started on 17th June 2009 and expired on 17th June 2014 so in Asansol Municipal Corporation No Administrator or Board of Administrator can be appointed. Moreover The A.D.M., Asansol and Sri Tapas Banerjee are neither the directors of the local bodies nor District Magistrate or Sub-Divisional Magistrate. 7) In view of such facts & circumstances, both the Notification No. 318/MA/O/C-4/1M-1/2001 dated, Kolkata, the 14th day of July 2014 and No. 455/MA/O/C-4/1M-1/2001 dated, Kolkata, the 29th day are wrong and both should be cancelled or recalled. 8) The only remedy is delegation of power to District Magistrate or Sub-Divisional Magistrate. 9) Be it mentioned that the then Mayor, Sri Tapas Banerjee during his tenure has committed and adopted several illegal means for his personal gain and committed series of embezzlement of Government & Municipal Funds for which he is liable to be punished under the law. The details of his illegal acts and embezzlement of funds has been mentioned in separate sheets (5 [five] pages) and enclosed to this Notice. We, therefore give you this notice requesting you to set aside / cancel / withdraw / recall both the Notification No. (i) 318/MA/O/C-4/1M-1/2001 dated, Kolkata, the 14th day of July 2014 and (ii) No. 455/MA/O/C-4/1M-1/2001 dated, Kolkata, the 29th day within 7 (seven) days from the receipt of this notice failing which we shall have no other alternative but to file a Writ Petition before Hon’ble High Court at Calcutta without any further reference. Thanking you Yours faithfully (Durgesh Nagi)
Posted on: Thu, 16 Oct 2014 09:04:27 +0000
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