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Reassign petition against Suvendu to another judge: Mamata writes to HC

Reassign petition against Suvendu to another judge: Mamata writes to HC
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Kolkata: Mamata Banerjee's counsel on Friday wrote to Acting Chief Justice of the Calcutta High Court, seeking reassignment of her petition challenging the election of BJP's Suvendu Adhikari from Nandigram, to another bench.

Alleging that Justice Kaushik Chanda, who is hearing Banerjee's plea, "was an active member of the BJP", the letter stated that since the adjudication of the election petition will have political ramifications, the matter should be assigned to another judge by the Acting Chief Justice, who is a master of the roster.

The letter written through her lawyer Sanjay Basu said Justice Chanda was an active member of the BJP before he became a judge and this could lead to bias.

"My client has filed the election petition challenging the election of Suvendu Adhikari, a member of the Bharatiya Janata Party. The adjudication of the election petition shall also have political ramifications. My client has been made aware that Justice Chanda was an active member of the BJP. Thus, in the event the Hon'ble judge takes up the election petition, there will be reasonable apprehension in my client's mind of bias on the part of the Hon'ble judge in favour of the Respondent and/ or against my client," the letter said.

Her lawyer also maintained in the letter that she "had objected to the confirmation of the Hon'ble Judge as a Permanent Judge of the Hon'ble High Court at Calcutta" and, as such, apprehends there is a likelihood of bias on the part of the judge concerned.

Banerjee's counsel urged that the letter be placed before the Acting Chief Justice forthwith "for necessary reassignment of Election Petition so as to avoid any prejudice and/or presumption of prejudice".

"Justice must not only be done but also seen to be done. In the aforesaid circumstances, in order to sustain the confidence of public in the judiciary, the aforesaid election petition out to be reassigned," Banerjee requested.

"Suvendu Adhikari has indulged in several corrupt practices that have enhanced his winning chances and materially altered Mamata Banerjee's chances of success in the election," her petition read. Banerjee's lawyer said they sought an order of striking down the election of Nandigram.

"The respondent, Suvendu Adhikari has committed corrupt practices as envisaged under Section 123 of the Act, including offences of corrupt practices of bribery, undue influence, spreading enmity, promotion of hatred and enmity amongst the citizens of India, seeking votes on the basis of religion, taking the assistance of the Government officials for furtherance of the prospects of the respondent's election and booth capturing."

It also maintained: "There were several discrepancies and malpractices in the counting process conducted by the Returning Officer on 2 May 2021. Accordingly, Mamata Banerjee and her party colleagues sought for recount of votes. However, such requests were rejected without due cause and the Returning Officer signed the Form 21C, declaring the elections in favour of Suvendu Adhikari."

Upon a review of the Form 17C (Account of votes recorded and Result of counting) for AC 210 — Nandigram, Mamata Banerjee discovered glaring discrepancies and non-compliances in the same, it further added.

"The election to the AC 210 — Nandigram has been conducted in complete contravention to the Constitution and the laws governing elections in India."

"Suvendu Adhikari has engaged in several corrupt practices that have enhanced his winning chances and materially altered Mamata Banerjee's chance of success in the election. Therefore, there are substantial grounds for declaring the aforesaid election of AC 210 — Nandigram null and void in accordance with Section 100 of the Representations of People Act, 1951."

Banerjee has also questioned the decision of the Election Commission to reject her plea for a recount.

Justice Chanda earlier in the day adjourned till June 24 Banerjee's petition for declaring the election of Adhikari, at present the Leader of Opposition in the Bengal Assembly, from Nandigram null and void.

He even added that Mamata Banerjee should be present for the hearing as it was an election petition.

Meanwhile, the ruling TMC, on its official Twitter handle, shared a purported photograph of Chanda sharing the dais with state BJP president Dilip Ghosh.

"Unsurprisingly, he's also the judge who has been assigned to hear the Nandigram case," the Trinamool Congress tweeted. "As the Indian judiciary system gets murkier day by day, will there be any justice in this case? Only time will tell."

Party leader Derek O'Brien shared a list of cases where Justice Chanda represented the BJP before the Calcutta High Court from 2012 to 2018. "[Is this] one big coincidence?," asked O'Brien.

TMC state general secretary Kunal Ghosh said the judge should be shifted from the case. The party's Lok Sabha MP Mahua Moitra, too, tweeted on the issue. A section of lawyers also staged a protest in front of the high court over Justice Chanda being assigned to hear the election petition by the Trinamool Congress supremo.

"We have no personal ill-feeling or allegation against the judge, but he was associated with a particular political party," one of the lawyers said.

The judge should recuse himself from hearing Banerjee's plea, he added.

Apart from this high-profile election petition, four other petitions of Trinamool Congress candidates who lost to BJP candidates in the recent Assembly elections were heard by Calcutta High Court on Friday.

The pleas were heard before four different benches of the high court.

Trinamool candidate from Balarampur in Purulia district, Shantiram Mahato, filed an election petition against winning BJP candidate Baneshwar Mahato which was heard by Justice Subhasis Dasgupta on Friday. The matter will come up for hearing on July 15.

The court directed that the pending decision in the case, the documents, election papers and devices connected to the poll under challenge be preserved by the authority concerned.

In another petition, BJP's Biswanath Karak's victory from Goghat in Hooghly district was challenged by losing Trinamool nominee Manas Majumdar.

The petition, which was heard by Justice Suvra Ghosh, urged the court to issue notice to the respondents. The matter will come up for hearing on July 9.

In another petition, TMC's Alo Rani Sarkar from Bongaon Dakshin in South 24-Parganas challenged BJP's Swapan Majumdar's victory in the elections. The matter will come up for hearing on July 16.

The hearing in Trinamool candidate Sangram Kumar Dolai's petition challenging the election of former India cricketer Ashoke Dinda of the BJP from Moyna in East Midnapore district was adjourned by Justice Tirthankar Ghosh to June 25.

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