Justice Samapti Chattopadhyay held the notice had not been given as per section 50(2) of the Municipal Corporation Act and directed that to prevent any horse-trading, a fresh notice be issued by the civic body's chairperson within two days of convening the meeting for taking up no-confidence proceedings against Dutta.
The court also said there is no need to bring in any fresh no-confidence resolution for the meeting, which can be called by the chairperson within two days based on the no-confidence resolution submitted by 35 councillors on July 9.
The court order came on a petition moved by Dutta in the High Court challenging the notice served on him by the civic body's commissioner.
Dutta, a Trinamol MLA from Rajarhat-New Town, has been at daggers drawn with the party leadership.
Dutta's counsel Bikash Ranjan Bhattacharya argued that to remove his client from the post of mayor, the government acted in haste taking requisition on July 9, and issuing the notice on the same day. The commissioner had announced July 18 as the date of meeting.
Dutta's counsel said it is clear that the state government infringed upon the autonomy of the Bidhannagar municipal Corporation to remove the mayor and did not issue the notice as per section 50(2) of the Municipal Corporation Act.
Chakraborty's counsel Kalyan Banerjee submitted that the Municipal Corporation law has not been violated by the municipal commissioner who served the notice on the direction of the chairperson.
According to Banerjee, the municipal corporation chairperson is not expected to serve a notice personally and is well within her right to direct her officer to do so as per her direction.
Later, Dutta told mediapesons that he went to court as there were apparent legal contradictions.
"So, I spoke to lawyers, and acted as per their advice," he said.
( With inputs from IANS )