On 22nd May, Former High Court judge and BJP candidate Abhijit Gangopadhyay moved the Calcutta High Court, challenging an Election Commission order barring him from campaigning for 24 hours. He argued that the decision “tarnished” his image and was defamatory, causing significant harm to his reputation.
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KOLKATA: On 22nd May, Former High Court judge and BJP candidate, Abhijit Gangopadhyay, took legal action by moving the Calcutta High Court. He challenged an Election Commission order that barred him from campaigning for 24 hours, starting at 5 PM on May 21.
Gangopadhyay contended that the poll panel had “tarnished” his image with its decision, causing significant harm to his reputation. He claimed that the Election Commission’s actions were defamatory.
In his affidavit, Gangopadhyay asserted-
“There are numerous unwarranted remarks, in my view, which have led to my defamation. I intend to pursue separate legal action against this defamation. Additionally, I have contested the Election Commission’s notice.”
The matter began when the Election Commission censured Gangopadhyay, who is running for the Tamluk Lok Sabha constituency, over remarks he made about Chief Minister Mamata Banerjee at a public rally. During his speech, Gangopadhyay made a provocative comment, which led to the Commission’s censure.
In an official statement, the Election Commission emphasized-
“The Commission also firmly advises Abhijit Gangopadhyay to be cautious with his public remarks while the Model Code of Conduct is in effect.”
This warning underscored the seriousness with which the Commission viewed Gangopadhyay’s remarks.
The Election Commission’s decision came in response to a complaint lodged by the Trinamool Congress (TMC). The TMC accused Gangopadhyay of making “denigrating statement(s)” that they claimed exhibited “a clear portrayal of his indecent behaviour and misogynistic mindset.”
Gangopadhyay’s challenge to the ban and the allegations against him have added a new layer of complexity to the ongoing political dynamics in the region. As a former High Court judge, his legal expertise could play a crucial role in the proceedings. His accusations of defamation and the assertion that the Election Commission’s comments were “unwanted” add to the intensity of the situation.
The legal battle now moves to the Calcutta High Court, where Gangopadhyay will seek redress against what he perceives as unjust treatment by the Election Commission. The outcome of this case could have significant implications not only for Gangopadhyay’s political career but also for the broader electoral process and the enforcement of the Model Code of Conduct.
Furthermore, Gangopadhyay’s commitment to taking “separate action” against the alleged defamation suggests that this issue might extend beyond the current election cycle. The legal principles and precedents set in this case could influence future interactions between candidates and the Election Commission, shaping the boundaries of permissible campaign conduct.
Trinamool leader Derek O’Brien has raised serious concerns over recent comments made by BJP candidate Abhijit Gangopadhyay. In a letter to the Chief Electoral Officer of West Bengal, O’Brien highlighted that Gangopadhyay’s speech contained “certain highly offensive utterances.”
Specifically, O’Brien pointed out Gangopadhyay’s inflammatory remarks:
“Mamata Banerjee, what price are you being sold for? Is it 10 lakhs because you’re having your make-up done by Keya Seth? Sometimes I even question if Mamata Banerjee is a woman.”
These remarks have stirred significant controversy and prompted the Election Commission of India (ECI) to issue a notice to Gangopadhyay. However, Gangopadhyay has firmly challenged the ECI’s notice. In his defense, he stated that he had clarified the context of his comments in his initial response to the ECI complaint.
Gangopadhyay emphasized-
“In my response to the complaint lodged with the ECI, I explicitly outlined the circumstances in which I had uttered the alleged statements.”
He also assured that he would provide any additional information if required.
“The previous high court judge affirmed his readiness to offer supplementary responses if needed,”
-he added, emphasizing his willingness to cooperate fully with the inquiry.
Furthermore, Gangopadhyay has requested a fair chance to present his case. He urged the authorities to allow him an opportunity for a hearing to explain his side of the story comprehensively.
ALSO READ: Mamata Banerjee Challenges Former Judge Abhijit Gangopadhyay Following His BJP Induction
Abhijit Gangopadhyay’s political journey has been notable. After resigning from his position as a high court judge, he joined the Bharatiya Janata Party (BJP) in March of this year. His transition from the judiciary to active politics has been closely watched. The BJP has nominated him as their candidate for the Tamluk Lok Sabha constituency.
Tamluk, a significant battleground, is one of the eight Lok Sabha constituencies in West Bengal that will face elections in the sixth phase on May 25. The stakes are high, and the political climate is charged as candidates gear up for the polls. The election results for these constituencies are scheduled to be announced on June 4.
