The Calcutta High Court declined an urgent hearing for a BJP candidate related to the Lok Sabha elections. The refusal indicates that the court did not grant expedited consideration to the candidate’s request.
KOLKATA: Today (26th April): The Calcutta High Court refused the urgent listing of a plea filed by Bharatiya Janata Party (BJP) candidate Debashis Dhar, who challenged the cancellation of his nomination from the Birbhum constituency for the upcoming Lok Sabha elections.
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The court cited a settled legal position on the matter and stated that writ petitions on the cancellation of nomination papers cannot be entertained. Despite the counsel’s insistence, the court refused to hear the case immediately.
Background:
Debashis Dhar, a former superintendent of police in Cooch Behar, was suspended by the Mamata Banerjee-led government following an incident during the 2021 assembly polls, where four individuals lost their lives due to firing by central forces in Sitalkuchi. Dhar resigned from the police force in March and was subsequently named as the BJP’s candidate for the Lok Sabha elections.
Justice Sivagnanam firmly stated,
“We can’t entertain the writ petition. Settled legal position, no!” while citing the precedent of N.P. Ponnuswami vs. Returning Officer.
In the case of Ponnuswami, the Supreme Court ruled that high courts lack jurisdiction to entertain writ petitions under Article 226, challenging the improper rejection of nomination papers.
Dhar’s counsel expressed frustration, stating,
“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 has been cancelled. I am an ex-IPS officer because I did not give a No Dues Certificate (the nomination has been cancelled).”
Justice Sivagnanam cited this settled legal position and firmly stated that the court could not entertain the writ petition.
Debashis Dhar’s counsel argued that the matter had been mentioned before a single judge earlier, but the court was not inclined to hear it.
Despite emphasizing the settled legal position, the court instructed the counsel to proceed with filing the matter.
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Justice Sivagnanam remarked,
“Let’s see. Without leave, you file it. It will come up on Monday or Tuesday.”
The council emphasized that Dhar’s nomination had been canceled due to his failure to provide a No Dues Certificate, despite judgments stating that such a certificate was unnecessary.
Although the court acknowledged the counsel’s submissions, the court allowed the counsel to file the plea and indicated that it would be taken up for consideration on Monday or Tuesday.
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Debashis Dhar’s plea challenging the cancellation of his nomination comes at a crucial time, as the BJP has already fielded another candidate for the Birbhum constituency. The party anticipated potential objections to Dhar’s candidature and filed the nomination of Devtanu Bhattacharya as a precautionary measure on the last day for filing papers.
