Kolkata, Jun 14 (PTI) Gorkha National Liberation Front
(GNLF) president Subash Ghisingh today filed a petition in the
Calcutta High Court challenging the GTA Act 2011 claiming that
it was ultra vires of the Constitution.
It has been claimed in the petition that the
Gorkhaland Territorial Administration Act 2011 was
unconstitutional, Ghising's counsel Arunabha Ghosh said,
adding that the GTA Act could not be made applicable to the
Darjeeling hills.
The petition claimed that the GTA Act could come into
force in Darjeeling hills without amending the Constitution.
The Constitution provides that if the Darjeeling
Gorkha Hill Council Act, 1988 (DGHC) was repealed, the entire
area would come under the purview of the Indian Panchayat and
Municipalities Act, the petition stated.
If the DGHC was scrapped, the new act could not come
into force without amending the Constitution, Ghising's
petition claimed.
Ghising came to the high court and affirmed the
petition before it was filed.
The matter is likely to come before the court of
Justice Dipankar Dutta on Tuesday.
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