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Tuesday, April 13, 2021

HC overturns EC order rejecting nomination

A single-judge bench of Justice Sabyasachi Bhattacharyya permitted Kumar to contest the election based on the nomination papers.

Written by Santanu Chowdhary | Kolkata |
March 12, 2021 5:38:37 am
Calcutta High CourtThe Calcutta High Court on Thursday set aside the Election Commission’s (EC) decision rejecting the nomination of Trinamool Congress candidate Ujjwal Kumar from the Joypur constituency in Purulia district for the Assembly polls (File photo)

The Calcutta High Court on Thursday set aside the Election Commission’s (EC) decision rejecting the nomination of Trinamool Congress candidate Ujjwal Kumar from the Joypur constituency in Purulia district for the Assembly polls.
Based on the Returning Officer’s order, the EC had on Wednesday rejected Kumar’s nomination papers citing “errors” in Kumar’s affidavit.

A single-judge bench of Justice Sabyasachi Bhattacharyya permitted Kumar to contest the election based on the nomination papers.

“Moreover, the ‘defects’ pointed out by the returning officer concerned were not defects in the true sense of the term in so far as the columns which were not filled up by the petitioner were not applicable to the petitioner at all in view of the petitioner having disclosed that the petitioner does not have any government accommodation and the name of the third dependent being merely academic in view of there being no first and second defendant of the petitioner,” read the court order.

The court declared that the nomination papers were valid and in accordance with law. “Hence, the impugned rejection of candidature of the petitioner, as uploaded on the official website of the government, annexed at page-48 (Annexure-P4) of the writ petition, being contrary to law, is set aside. The respondents are directed to permit the petitioner to participate in the upcoming elections by treating the application of nomination for candidature and connected affidavit filed by the petitioner as valid and in accordance with law,” it added.

Speaking to The Indian Express, Kumar said, “Today, the high court has set aside the decision of the Election Commission. It said the nomination paper is valid and allowed me to contest the election.”

Reacting to the development, TMC secretary general Partha Chatterjee said attempts were being made to reject nominations of TMC candidates. “Attempts are being made to reject the nominations of TMC candidates. The EC had rejected the nomination of Ujjwal Kumar, our candidate from Joypur in Purulia. The High Court has today set aside the EC move and said his nomination is valid. We are receiving this kind of reports (attempts to reject nominations) from several places,” said Chatterjee.

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