HC rejects urgent hearing petition of BJP candidate

Cancellation of nomination of BJP’s Debashis Dhar from Birbhum LS seat

The Calcutta High Court on Friday refused to allow urgent listing of a plea by BJP’s Birbhum Lok Sabha seat candidate Debashis Dhar who challenged the cancellation of his nomination for contesting the upcoming Lok Sabha elections. The matter was mentioned before Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya but it was not entertained as the court said there was a settled legal position against entertaining writ petitions on cancellation of nomination papers. Instead, an election petition can be filed, it was suggested.

It was learnt that the Chief Justice referred to the Ponnuswami case where the Supreme Court had held that High Courts do not have the jurisdiction to entertain writ petitions under Article 226 challenging the improper rejection of nomination papers. Dhar’s counsel is learnt to have said: “I am seeking leave to mention a matter. I have given a letter as well. It is the last day for scrutiny of nominations.

At around 1 o’clock, I was informed that my nomination had been cancelled. I am an ex-IPS officer; because I did not give a No Dues Certificate (nomination has been cancelled).” While the counsel persisted for a hearing on Friday, saying the matter would otherwise become infructuous, the court rejected the request. “Let’s see. Without leave, you file it. It will come up on Monday or Tuesday,” Justice Sivagnanam said. The BJP fielded a second candidate Debtanu Bhattacharya from the Birbhum Lok Sabha constituency who submitted his nomination on Thursday. The party had previously fielded exIPS officer Debashsish Dhar who submitted his nominations and had started his campaigns.

BJP sources have said that Debtanu has been fielded as a “back-up” candidate due to certain complications in the documents submitted by the first candidate Debashish Dhar. Coincidentally, Trinamool Congress (TMC) supremo and Chief Minister Mamata Banerjee, during her Birbhum rally, had said that the state government has not given “clearance” to Debashish yet. However, Debashish is learnt to have alleged that Banerjee is spreading lies since she is no one to give him a clearance as he was appointed by the Central government and had sent his resignation to the Centre. He said that the President of India also gave the nod and the state government had informed him of this development. “I have submitted my nomination after my resignation was accepted,” he said.