SILIGURI: Darjeeling and uncertainty. These two words seemed to have become synonymous especially after recent development of complicacies on the very legal standing of newly formed autonomous administrative body for West Bengal hills around Darjeeling in the name of Gorkhaland Territorial Administration(GTA). Can Darjeeling be declared as Union Territory to balance the situation?
The question, though not new, went low key following formation of GTA in 2011 under special attention of the state CM Miss Mamata Banerjee. "All crisis is over," she said after signing of the agreement for formation of GTA under GTA Act between state Government, Center and Gorkha Janamukti Morcha(GJM), policital friend of Miss Banerjee that was demanding for GTA- as the 'first step to separate statehood for Darjeeling.'
But it has started resurfacing again. "We will ask for Union territory status if GTA becomes defunct on legal issues," said many top level GJM leaders. And the skepticism is mainly due to the legal question raised by GNLF supremo and chief of the former administrative body for the hills 'Darjeeling Gorkha Hill Council'(DGHC) Mr S Ghising in Kolkata High Court.
According to a large section of legal experts, DGHC, set up over DGHC Act 1988, was exempt from the operations of the Panchayat Acts and the Municipal laws under Article 243 M(3) and Article 243 ZC(2) of Indian Constitution. Instead of three tire Panchayet system of the whole country, as a special case, the DGHC area was under two tire Panchayet system while DGHC itself was to enjoy the status of third and highest tire of Panchayet operation.
But since GTA Act 2011 has repealed the DGHC Act, DGHC ceased to exist putting Darjeeling back under usual three tire Panchayet system. Here GTA cannot come into force as the third tire of Panchayet without proper amendment of constitution- pleaded Mr. Ghising's advocates.
After taking the issue under contingence, the court has also asked concerted authorities to respond. Clear enough, the administrative future of Darjeeling is now hanging over analysis of legal angles and subsequent verdict of court.
"If the verdict comes negative to GTA, asking for the region as Union Territory will remain the only option left for the state, center as well as GJM," opined political analysts. However, no senior leader in major political powers of the region like TMC, CPIM or INC was found to be ready to officially comment on this sensitive issue.
The question, though not new, went low key following formation of GTA in 2011 under special attention of the state CM Miss Mamata Banerjee. "All crisis is over," she said after signing of the agreement for formation of GTA under GTA Act between state Government, Center and Gorkha Janamukti Morcha(GJM), policital friend of Miss Banerjee that was demanding for GTA- as the 'first step to separate statehood for Darjeeling.'
But it has started resurfacing again. "We will ask for Union territory status if GTA becomes defunct on legal issues," said many top level GJM leaders. And the skepticism is mainly due to the legal question raised by GNLF supremo and chief of the former administrative body for the hills 'Darjeeling Gorkha Hill Council'(DGHC) Mr S Ghising in Kolkata High Court.
According to a large section of legal experts, DGHC, set up over DGHC Act 1988, was exempt from the operations of the Panchayat Acts and the Municipal laws under Article 243 M(3) and Article 243 ZC(2) of Indian Constitution. Instead of three tire Panchayet system of the whole country, as a special case, the DGHC area was under two tire Panchayet system while DGHC itself was to enjoy the status of third and highest tire of Panchayet operation.
But since GTA Act 2011 has repealed the DGHC Act, DGHC ceased to exist putting Darjeeling back under usual three tire Panchayet system. Here GTA cannot come into force as the third tire of Panchayet without proper amendment of constitution- pleaded Mr. Ghising's advocates.
After taking the issue under contingence, the court has also asked concerted authorities to respond. Clear enough, the administrative future of Darjeeling is now hanging over analysis of legal angles and subsequent verdict of court.
"If the verdict comes negative to GTA, asking for the region as Union Territory will remain the only option left for the state, center as well as GJM," opined political analysts. However, no senior leader in major political powers of the region like TMC, CPIM or INC was found to be ready to officially comment on this sensitive issue.
Source: Economictimes
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