Darjeeling, Oct. 20: The Gorkhaland
Territorial Administration (GTA) Sabha today decided to convene a
meeting to give the deputy chief executive the powers of a chief
executive so that the hill autonomous body starts functioning normally.
The GTA is controlled by the Gorkha
Janmukti Morcha which had said during the July-September statehood
agitation that it would exit the hill body at an “appropriate time”.
The decision to
convene the Sabha was taken a day after the three Morcha MLAs — Trilok
Dewan, Harka Bahadur Chhetri and Rohit Sharma — met Trinamul general
secretary Mukul Roy in Calcutta.
Sources in the
Morcha said the meeting centered on issues regarding the functioning of
the GTA and the Morcha termed the discussions “positive”.
Lopshang Yolmo,
the deputy chairman of the GTA, today said: “The GTA Sabha meeting will
be held either on Tuesday or Wednesday. In the meeting the Sabha members
will empower the deputy chief executive (Ramesh Allay) to act as the
chief executive until Binay Tamang is released.”
Sources said the
date of the meeting would be finalised after Morcha chief Bimal Gurung
and party general secretary Roshan Giri, who left for Guwahati to pray
at the Kamakhya temple, return.
“We are going on a religious tour and if we can complete the darshan tomorrow we will return tomorrow itself,” Giri said.
The meeting would
be held at a time chief minister Mamata Banerjee would be touring the
hills. She is scheduled to address a meeting in Darjeeling, her first
political one after becoming the chief minister, on October 24.
Following Gurung’s
resignation as the chief executive of the GTA on July 30, the Sabha,
after initial reluctance, elected Binay Tamang as the next chief on
September 27.
But Tamang was arrested on August 22 after being booked for arson. He could not take oath.
As per the GTA
Act, Section 37 sub-section 10, the chief executive has to take oath,
administered by the Bengal governor, within a month of his election to
the post.
The one-month time frame for Tamang expires on October 27 by which date Tamang is unlikely to be released.
Sources in the
government said that if Tamang does not take oath within October 27,
then the state government can either supersede the GTA for a period of
six months on the ground of incompetence (Section 64 of the GTA Act), or
appoint any member as the chief executive until a new chief enters
office (Section 37, sub-section 8 of the GTA Act).
The Morcha, it was learnt, wants to convene the Sabha meeting to empower Allay so that the GTA starts functioning normally.
Even though
Section 40 of the GTA Act states that the deputy chief executive shall
“during the absence of the chief executive, exercise all the powers,
perform all the function and discharge all the duties of the chief
executive,” government officials looking after the GTA argue that this
section would hold only if the chief executive is in place.
“The situation in
the GTA is such that technically there is no chief executive and hence
this particular provision of the GTA Act will not hold. Had the new
chief executive taken oath and had remained absent from office for
whatever reason, then the deputy chief could have exercised all powers
of the chief executive,” said a government official.
Jyoti Kumar Rai, assistant secretary of the Morcha and an elected GTA member, also spoke on similar lines.
“The Sabha is
looking at empowering the deputy chief to discharge the functions of the
chief executive as a lot of pending work has been hampered,” he said.
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