KMC chairperson Mala Roy can conduct House meeting: HC

Kolkata: It would be open to KMC chairperson Mala Roy to conduct corporation meeting, Calcutta High Court’s vacation bench held on Wednesday, refusing an interim stay on notice, passed by the municipal secretary, postponing the 54th KMC meeting despite it being convened by the chairperson.

The division bench of Justice Hiranmay Bhattacharyya and Justice Biswaroop Chowdhury kept it open for Roy to conduct the meeting under provisions of KMC Act, 1980.

Roy had moved the vacation bench of the Calcutta HC, challenging the municipal secretary notice, postponing the 54th meeting, which was scheduled on May 22. The two questions raised in the court were whether postponement of the meeting was valid and whether the meeting claimed to have been conducted by the chairperson on May 22 was valid.

Roy’s counsel Raghanath Chakraborty submitted that the municipal secretary had “no power and authority” to postpone the meeting. It was submitted that under Sections 94 and 96 of the KMC Act, 1980, at least one meeting had to be held every month.’ Moreover, it was contended, the municipal secretary is supposed to issue the notice for the meeting, to all members 10 days prior, ‘under chairperson’s direction.’

The counsel for KMC submitted that the notice of postponement of the meeting was communicated to all the councillors on May 21, a day before the scheduled date.

The HC sought the documents supporting the contention that the meeting was held on May 22. Roy’s counsel sought for some time to produce the resolution adopted in the meeting. The division bench gave time to Roy to produce the documents on the May 22 meeting. But the judge refused to grant an interim order, restraining notice by KMC.

The matter will be next heard on June 17.