The Supreme Court has declined to consider Debasish Dhar’s plea regarding the cancellation of his nomination papers from Birbhum. Dhar’s nomination papers were cancelled due to his failure to produce a ‘no dues certificate.’ The apex court declined to intervene at this stage, stating that it would disrupt the ongoing election process. The court also dismissed the allegations of prejudice against the returning officer, affirming that he had acted in good faith.
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New Delhi: Today (30th April): The Supreme Court of India rejected the plea of former IPS officer Debasish Dhar, who was given a Bharatiya Janata Party (BJP) ticket to contest the Lok Sabha elections from West Bengal’s Birbhum constituency.
Dhar’s nomination papers were cancelled due to his failure to produce a ‘no dues certificate.’ The apex court declined to intervene at this stage, stating that
it would disrupt the ongoing election process. The court also dismissed the allegations of prejudice against the returning officer, affirming that he had acted in good faith.
The Supreme Court bench, comprising Justices Surya Kant and K V Viswanathan, stated that interfering with the matter would result in halting the election process, which it was not inclined to do.
Senior advocate Nidhesh Gupta, representing Dhar, argued that
no demands were raised at the time of his resignation as an IPS officer. However, the court clarified that the mere acceptance of resignation did not imply the absence of any pending dues.
Subsequently, Gupta sought permission to withdraw the case and approach the Election Commission. Later, the court dismissed the case as withdrawn. The district election office cancelled Dhar’s candidature on technical grounds. The BJP subsequently nominated senior party leader Debtanu Bhattacharya, who filed his nomination papers in Dhar’s place.
Background:
On 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.
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.
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Justice Sivagnanam 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).”
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