West Bengal Chief Minister Mamata Banerjee on Friday urged the Acting Chief Justice of the Calcutta High Court Rajesh Bindal to transfer the hearing of her election petition regarding the result of the Nandigram constituency in the last Assembly election from the bench of Justice Kaushik Chanda claiming that he was an “active member” of the BJP.
The Chief Minister’s counsel in a letter to the Secretary of the Acting Chief Justice stated that since Justice Chanda was an “active member of the BJP” there will be a “reasonable apprehension” in her mind on part of the concerned judge.
“My client has filed the Election Petition challenging the election of Suvendu Adhikari, a member of the Bharatiya Janata Party (BJP). The adjudication of the Election Petition shall also have political ramification. My client has been made aware that the Hon’ble Justice Kaushik Chanda was an active member of the BJP. Thus in the event the Hon’ble Judge takes up the Election Petition there will be reasonable apprehension in my client’s mind of bias on part of the Hon’ble Judge in favour of the Respondent and/or against my client,” stated the letter.
The Chief Minister’s counsel stated that she had objected to the “confirmation” of Justice Chanda as a Permanent Judge of the Calcutta High Court when the Acting Chief Justice wrote to her in April 2021 in this regard.
“Further, the Hon’ble Justice Kaushik Chanda is yet to be confirmed as a Permanent Judge of this Hon’ble Court. As stated above my client’s views were sought by the Hon’ble Chief Justice on the confirmation of the Hon’ble Justice Kaushik Chanda as a Permanent Judge of the Hon’ble High Court at Calcutta. My client had conveyed her objections and reservation to such confirmation. My client apprehends that the Hon’ble Judge is aware of her objections and as such my client reasonably apprehends that there is a likelihood of bias on the part of the Hon’ble Judge,” stated the letter.
Earlier in the day, the hearing of the case was adjourned till June 24 as Justice Chanda directed that Mamata was required to be present on the first day since it was an election petition.