Calcutta High Court refuses urgent hearing to BJP candidate

Calcutta High Court

The Calcutta High Court on Friday refused to allow urgent listing of a plea by Bharatiya Janata Party’s Debashis Dhar challenging the cancellation of his nomination from Birbhum constituency for contesting the upcoming Lok Sabha elections.

The matter was mentioned before the Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya which said there was a settled legal position on the issue against entertaining writ petitions on cancellation of nomination papers.

“We can’t entertain the writ petition. Settled legal position, no!“, Justice Sivagnanam said while referring to NP Ponnuswami vs Returning Officer

In Ponnuswami’s case, 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 submitted that the matter had been mentioned before a single judge also a few minutes back but the Court was not inclined to hear it.

“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 have been informed that my nomination has been cancelled. I am an Ex-IPS officer; because I did not give No Dues Certificate (nomination has been cancelled)” the counsel said.

She added that there are judgments in which it has been held ‘No Dues Certificate’ was not important.

However, the Court reiterated that there was a settled legal position. Nevertheless, he asked the counsel to file the matter.

“Let’s see. Without leave, you file it. It will come up on Monday or Tuesday,” Justice Sivagnanam said.

While the counsel persisted for a hearing today and said the matter would otherwise become fruitless, the Court rejected the request.

According to a news report, Dhar was the superintendent of police of Cooch Behar during the 2021 assembly polls, when four persons died in firing by the central forces at Sitalkuchi.

He was later suspended by the Mamata Banerjee-led government and put on compulsory waiting, the PTI reported.

Dhar resigned from the police force in March and was subsequently named by the BJP as its candidate.

Pertinently, the BJP has already fielded another candidate from the seat. According to a Times of India report, the BJP expected Dhar’s candidacy to make last-minute objections and thus also fielded Devtanu Bhattacharya on Thursday, the last date for filing papers.