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4 TMC Leaders Who Lost West Bengal Assembly Polls File Election Pleas Before Calcutta High Court
Sparsh Upadhyay
20 Jun 2021 4:05 AM GMT
Apart from West Bengal's Chief Minister Mamata Banerjee, 4 other TMC leaders have also moved to the Calcutta High Court seeking a review of the results [West Bengal Assembly Polls 2021] in their respective constituencies.The 4 other TMC leaders who have moved to the Calcutta High Court are Alorani Sarkar, Sangram Kumar Dolai, Manas Majumder and Shantiram Mahato, who lost narrowly in the...
Apart from West Bengal's Chief Minister Mamata Banerjee, 4 other TMC leaders have also moved to the Calcutta High Court seeking a review of the results [West Bengal Assembly Polls 2021] in their respective constituencies.
The 4 other TMC leaders who have moved to the Calcutta High Court are Alorani Sarkar, Sangram Kumar Dolai, Manas Majumder and Shantiram Mahato, who lost narrowly in the recent Assembly Election to the BJP Candidate.
All the four petitions were heard on Friday by different judges of Calcutta High Court and the matters were posted for further hearing in late June and July.
Alorani Sarkar
TMC had fielded its candidate Alorani Sarkar from Bongaon Dakshin constituency, who lost the elections against BJP's candidate Swapan Majumder by 2,008 votes. She has alleged in her election petition the following:
- He submitted a forged declaration with regard to his academic qualification in the affidavit required to be filed before the Election Officer,
- Such forged affidavit was allowed and he was allowed to contest the said election.
- He adopted corrupt practice within the meaning of Section 123 of the Representation of the People Act, 1951.
- He publicly campaigned in support of his candidature during the silent period and violated the statutory provision of law.
Hearing the matter, Justice Bibek Chaudhuri noted that Sarkar had been able to make out an arguable case and thus, the Court directed Majumdar to file an affidavit before the court within two weeks. The matter will now be heard next on 16th July, 2021
Sangram Kumar Dolai
Sangram Dolui had lost to BJP's Ashok Dinda by 1,260 votes in Moyna Constituency and he has alleged irregularities in counting. Hearing the matter, Justice Tirthankar Ghosh posted the matter for hearing on June 25.
Manas Majumder
Manas Majumdar has challenged the election win of BJP's Biswanath Karak from the Goghat constituency by way of filing an election petition under sections 80, 80A, 81 read with sections 100 and 123 of the Representation of People Act, 1951 alleging that he hid information on his criminal cases in his EC affidavit.
Justice Suvra Ghosh has posted the matter for further hearing on July 9.
Shantiram Mahato
Shantiram Mahato had lost to BJP's Baneshwar Mahato by just 423 votes in Balarampur constituency. Mahato has alleged that there had been malpractice in counting. Justice Subhasis Dasgupta heard the matter and posted the matter for next hearing on July 15.
In related news, West Bengal's Chief Minister Mamata Banerjee has moved an Election Petition before the Calcutta High Court challenging Suvendu Adhikary's election win from the Nandigram constituency in the West Bengal Assembly Polls.
The Bench of Justice Kaushik Chandra on June 18 listed the matter for next week after the matter was mentioned before the bench and Banerjee's counsel Soumendra Nath Mukherjee urged the bench to keep the same for directions next week.
However, Banerjee has written a letter to the Acting Chief Justice of the Calcutta High Court Rajesh Bindal urging him to reassign her Election Petition to another judge (other than Justice Kausik Chanda) to avoid prejudice against herself.
The Letter has been written by AOR Sanjay Basu in connection with her Election Petition challenging Suvendu Adhikari's election win from the Nandigram constituency in the West Bengal Assembly Polls. The matter is slated to be heard next week on Thursday (June 24).
The letter [written by AOR Sanjay Basu on behalf of CM Mamata Banerjee] objects to the listing of her petition before Justice Kaushik Chanda and states:
"My client has the utmost faith in the Judicial system and the Majesty of this Court, however, there is a reasonable apprehension in the mind of my about the likelihood of bias on the part of the Honorable Judge for the following reasons:"
The letter lists down the following reasons:
- The adjudication of the Election Petition shall also have political ramifications. My client (Banerjee) has been made aware that Honourable Justice Kaushik Chanda was an active member of the BJP. Thus, in the event the Honourable Judge takes up the election petition, there will be a reasonable apprehension in my client's mind of bias on the part of the Honourable Judge in favour of the Respondent and/or against my Client.
- Further, Justice Kaushik Chanda is yet to be confirmed as a permanent Judge of Calcutta High Court. My client's (CM Banerjee) views were sought by the Chief Justice on the confirmation of Justice Chanda as a permanent Judge of the HC. My Client had conveyed her objections and reservations to such confirmation. My client apprehends that the Judge is aware of her objections and as such, my client reasonably apprehends that there is a likelihood of the Bias on part of the Judge.
The letter further avers that since the respondent (Suvendu Adhikari) in the election petition is a member of Bharatiya Janata Party and the Judge (Justice Chanda) was an active member of BJP, it will lead to a situation and perception whereby Justice Chanda in adjudicating the matter, may be said to be "Judge in his own cause."
Thus, the further lastly states that in order to sustain the confidence of the public in the judiciary, the election petition in question "Ought to be reassigned."
