State Govt. Filed affidavit against GNLF chief Subash Ghisingh Gorkhaland Territorial Administration(GTA) validity

The state government on Wednesday filed an affidavit at the high court against a case filed by GNLF chief Subash Ghisingh challenging the validity of the Gorkhaland Territorial Administration Act, 2011.

The affidavit, filed before Justice Dipankar Dutta, held that the GTA Act was constitutionally valid as it had been endorsed by the President.

It also said Ghisingh’s contention that the act was passed without amending the Constitution was incorrect. The state had powers to draft laws and get them passed by the President.

The affidavit also stated that the act was necessary to form a new autonomous body for the development of the hills as the Darjeeling Gorkha Hill Council had failed. “The tripartite agreement on the GTA was signed by the Centre, state and the Gorkha Janmukti Morcha on July 18, 2011 and Ghisingh challenged it after a year and the court should declare the case as not maintainable and ask Ghisingh to pay the cost,” the affidavit read.

In another affidavit, filed by Morcha president Bimal Gurung, it was stated that Ghisingh’s case against the GTA Act was “politically motivated.” He added that Ghisingh was not accepted in the hills.

Justice Dutta after hearing both the sides said the case would come up for hearing on September 14. He also directed the Centre, the Akhil Bharatiya Adivasi Vikas Parishad and the ABGL to file affidavits stating their views on Ghisingh’s plea before September 13.

TT.