The Bharatiya Janata Party (BJP) candidate for Birbhum constituency in the Lok Sabha elections has challenged the cancellation of their nomination in the Supreme Court. The candidate is contesting the decision, seeking redressal ahead of the upcoming elections.
NEW DELHI: Today (29th April): Bharatiya Janata Party (BJP) candidate for the Birbhum Lok Sabha seat, Debasish Dhar, has approached the Supreme Court to challenge the cancellation of his nomination papers. The cancellation was based on the grounds of failing to procure a no-objection certificate from the West Bengal government, a requirement deemed essential by the returning officer.
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Debasish Dhar, a former Indian Police Service (IPS) officer, his nomination was abruptly canceled. His counsel requested an urgent hearing, citing the critical timing of the nomination process and the non-cooperation of the state government in providing the necessary certificate. The request emphasizes the urgent nature of the hearing due to the imminent election schedule, with polling in Birbhum set for May 13 as part of the fourth phase of the elections.
Before escalating the matter to the Supreme Court, Dhar sought intervention from the Calcutta High Court. However, the High Court declined to address the issue urgently, stating that an election petition, rather than a writ petition, was the appropriate channel for such election-related grievances. This decision prompted Dhar to seek the apex court’s intervention, hoping for a resolution that would allow his candidacy to proceed.
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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.
The BJP prepared for the possibility of Dhar’s legal challenges not favoring their candidate. They have named Debatanu Bhattacharya as an alternative candidate for Birbhum, ensuring that their representation in the crucial constituency remains intact regardless of the court’s decision.
