West Bengal Chief Minister Mamata Banerjee today made an appearance in the virtual hearing of her petition challenging the election of BJP leader Suvendu Adhikari from Nandigram constituency in the 2021 assembly elections..The Chief Minister was required to be present before the Court as per a requirement under the Representation of the People Act, 1951..Appearing for Banerjee, Senior Advocate Abhishek Manu Singhvi sought the recusal of Justice Kaushik Chanda, before whom the matter was listed..However, the Court asked why the recusal application was not pointed out on June 18, when the matter was first heard. Justice Chanda also wondered whether he should proceed with application on the judicial side when it was pending on administrative side."Your Lordship can recuse yourself using your prerogative," Singhvi responded.He added that Justice Chanda's judicial decision was required on this recusal application, notwithstanding the same application before administrative side..Singhvi went on to read out the contents of the recusal application, which alleges that Justice Chanda had a relationship with the Bharatiya Janata Party (BJP) which was "ideological, pecuniary, personal and professional.".Last week, CM Banerjee had 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 Chanda..The letter stated that Justice Chanda was an active member of the BJP before he became a judge, and this could lead to bias..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 Kausik Chanda was active member of BJP:” Mamata Banerjee writes to Calcutta High Court Chief Justice to reassign her election petition
West Bengal Chief Minister Mamata Banerjee today made an appearance in the virtual hearing of her petition challenging the election of BJP leader Suvendu Adhikari from Nandigram constituency in the 2021 assembly elections..The Chief Minister was required to be present before the Court as per a requirement under the Representation of the People Act, 1951..Appearing for Banerjee, Senior Advocate Abhishek Manu Singhvi sought the recusal of Justice Kaushik Chanda, before whom the matter was listed..However, the Court asked why the recusal application was not pointed out on June 18, when the matter was first heard. Justice Chanda also wondered whether he should proceed with application on the judicial side when it was pending on administrative side."Your Lordship can recuse yourself using your prerogative," Singhvi responded.He added that Justice Chanda's judicial decision was required on this recusal application, notwithstanding the same application before administrative side..Singhvi went on to read out the contents of the recusal application, which alleges that Justice Chanda had a relationship with the Bharatiya Janata Party (BJP) which was "ideological, pecuniary, personal and professional.".Last week, CM Banerjee had 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 Chanda..The letter stated that Justice Chanda was an active member of the BJP before he became a judge, and this could lead to bias..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 Kausik Chanda was active member of BJP:” Mamata Banerjee writes to Calcutta High Court Chief Justice to reassign her election petition