West Bengal CM Mamata Banerjee has written to Acting Chief Justice of Calcutta High Court Justice Rajesh Bindal urging him to reassign her Election Petition to another Bench (excluding Justice Kausik Chanda) to avoid prejudices against herself.
AOR Sanjay Basu wrote the letter about the Election Petition that challenged Suvendu Adhikari’s election win from Nandigram during the West Bengal ELections. The Court will hear the case on 24th June.
In the letter, an objection is raised against listing the case before Hon’ble Justice Kaushik Chanda. The letter raised the following points:-
- Ms Banerjee was made aware of the fact that Justice Chanda was an active member of the BJP. Therefore, if he takes the case, there is apprehension that he may be biased against Banerjee.
- It is stated that Justice Chanda is yet to be confirmed as a permanent judge of the Calcutta High Court. When the Chief Justice sought Ms Banerjee’s view regarding Justice Chanda’s appointment, she conveyed her reservations and objections. It is stated that Justice Chanda is aware of the objections, and therefore he may be biased.
The letter avers that since the respondent Suvendu Adhikari was a BJP member and Justice Chanda was also an active BJ Member; he is a Judge in his own cause.
Lastly, it was stated that the election petition should be reassigned to sustain the public confidence in the judiciary.
Today, Justice Chanda listed the case for next week after the case was mentioned by Banerjee’s lawyer Mr Soumendra Nath Mukherjee.
The Court accepted the counsel’s request and directed the Registry to list the case on 24th June. Hon’ble Court also sought a report on whether the case was filed in conformity with the Representation of People Act or not.