Calcutta, Jan. 17: The case moved by Subhas Ghisingh, the former chairman of Darjeeling Gorkha Hill Council, came up for hearing before Justice Dipankar Dutta today.
Appearing for the Union government, advocate Somnath Bose, submitted today that in the case of the DGHC, the council was constituted first and then the Constitution was amended to introduce a two-tier panchayat system in Darjeeling.
"Now Ghisingh is saying that since the GTA was formed before amendment of the Constitution, so legally GTA has no legal existence. But in the GTA's case also, the board has been formed and the Centre has started its process to amend the Constitution," the lawyer said.
Ghisingh moved court on July 29 last year to challenge the legality of the formation of the GTA board without an amendment to the Constitution.
Ghisingh's lawyer Arunava Ghosh had claimed that the DGHC was made by amending the Constitution so the GTA could not be formed without further amendment to the Constitution.
The submission of Bose will continue.
State advocate general will argue after Bose.