West Bengal Assembly Polls: Calcutta High Court Issues Notices On Election Pleas By Two BJP Leaders

Admitting two Election Petitions filed by the Bharatiya Janata Party's Swadhin Kumar Sarkar and Kalyan Chaubey challenging the election win of their opponents from their respective constituencies, the Calcutta High Court issued notice to the winning candidates.After Mamata Banerjee and man leaders have moved the Calcutta High Court challenging the election win of their opponents in the recently concluded West Bengal assembly polls. Earlier this month, BJP leader Biswanath Banerjee who had lost the election from Mahishadal Vidhan Sabha constituency [by 2386 votes] had moved the court for a review of the results.Swadhin Kumar Sarkar (BJP) was defeated by Trinamool Congress' Candidate Chandana Sarkar by 2426 votes from the Baisnabnagar constituency.Kalyan Chaubey (BJP) was defeated by Trinamool Congress' Candidate Sadhan Pande by 20,000 votes from the Maniktola constituency.Having perused their election plea, the Bench of Justice Jay Sengupta (hearing Kalyan Chaubey's plea) and Justice Amrita Sinha (hearing Swadhin Kumar Sarkar's plea) said:"Let notice be issued in terms of Rule 24 of the Election Petition Rules, 1967 as framed by this Court."In both the election plea, the Court has directed that all the equipment, devices, documents both physical and in the electronic form in connection with the election under challenge shall be preserved by the concerned authority till the disposal of the Election Petition. Chaubey's plea will next be heard on August 6, while Sarkar's plea will be heard on August 20.On the other hand, TMC's Alorani Sarkar, who lost the elections against BJP's candidate Swapan Majumder by 2,008 votes, has also moved the High Court. 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 her plea, the bench of Justice Bibek Chaudhuri was of the view that the instant election petition ought to be heard at the outset on the issue of maintainability. Therefore, the preliminary issue was framed : "Is the instant election petition maintainable in law ?"The matter has been fixed for further hearing on July 30.Click Here To Download OrdersRead Orders

West Bengal Assembly Polls: Calcutta High Court Issues Notices On Election Pleas By Two BJP Leaders

Sparsh Upadhyay

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