Calcutta, Feb. 25: Calcutta High Court today issued an interim order staying the election of the chairman of Kandi municipality in Murshidabad until further orders, days after the abduction of an Independent councillor ensured Trinamul's victory in a no-confidence motion against the Congress chairman.
The court issued the order restraining the municipality from giving effect to the resolution, seeking elections, that the civic body adopted on February 19 after the no-trust motion was carried by one vote. The abducted Left-backed Independent councillor and his wife had pledged support to the Congress.
Had the councillor, Debojyoti Roy, not been abducted, his vote would have kept the Congress chairman in power.
The high court today asked the executive officer of Kandi municipality, Ajoy Chowdhury, who is the government's representative in the civic body, to implement the order.
Justice I.P. Mukerji also directed the superintendent of Murshidabad police, C. Sudhakar, to file a report by March 3 stating why his department failed to ensure the presence of Debojyoti, the Left-backed Independent councillor who was abducted two days before the no-confidence motion was tabled, during the voting.
The case will be heard on March 3, the judge said.
The order followed a petition by some Congress councillors who had challenged the legality of the no-confidence vote.
Moving the petition, advocate S.N. Mukherjee said the entire voting process had been a "farce".
"Two days before the no-confidence motion, one of the two Independent councillors of the municipality mysteriously disappeared. When the high court learnt about it, it directed the SP to ensure the presence of the missing councillor during the voting on February 19. But the SP failed to carry out the order," the advocate said.
He added: "The Independent councillor had actually been abducted by some miscreants as he had promised to vote in favour of the Congress."
After hearing advocate Mukherjee's submission, Justice Mukerji said: "What is going on? The case can be handed over to the CBI."
Jaydip Kar, the lawyer appearing for Trinamul, said the party had no role in the disappearance of Debojyoti, who was found trussed up inside a "stolen" car by the police two days after the no-trust vote.
Additional advocate-general L.K. Gupta requested the judge not to hand over the case to the CBI.
"The district police are trying their best to find out the truth behind the disappearance of the councillor. The court should provide them the time," Gupta said.
Justice Mukerji then issued the interim order and fixed the matter for hearing on March 3.
The executive officer of Kandi municipality, Chowdhury, declined comment.