"was he active member of BJP or a JUDGE"

 

West Bengal Chief Minister Mamata Banerjee has written to Calcutta High Court Acting Chief Justice Rajesh Bindal requesting him to reassign the election petition challenging BJP leader Suvendu Adhikari’s election from Nandigram from Justice Kausik Chanda, who is presently hearing the matter.

The letter also stated that Banerjee had objected to Justice Chanda being confirmed as a permanent judge of the Calcutta High Court.

The letter written through her lawyer Sanjay Basu said that 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 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.

It also stated that Banerjee had objected to Justice Chanda being confirmed as a permanent judge of the Calcutta High Court.

“My client apprehends that the Hon’ble judge is aware of the objections and reasonably apprehends that there is a likelihood of bias on the part of the Hon’ble judge,” the letter said.

In any event, since the judge was an active member of the BJP and the respondent in the election petition is a BJP candidate, it will lead to a situation of perception “whereby the judge adjudicating the matter may be said to be “judge in his own cause," the letter goes on to state.

“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, who was a close aide of Banerjee before he joined the BJP in 2020, had defeated Banerjee in a closely contested race for Nandigram. The margin of victory was 1,956 votes.

Banerjee had, immediately after the elections, raised allegations of foul play in Adhikari's victory.

She had then approached the High Court challenging Adhikari’s election.

The matter was listed for mentioning before Justice Kausik Chanda on Friday, when counsel for Banerjee, Soumendra Nath Mukherjee requested that the matter be kept for directions next week.

The counsel said that once the matter is listed for mentioning today, it may be kept for directions next week after it is admitted.

Justice Chanda had accepted the request.

"Let the matter be listed next Thursday. In the meantime, the Registrar shall file a report before this Court as to whether the petition has been filed in conformity with the Representation of People Act," he had directed.