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Calcutta HC sets aside Election Commission’s decision of rejecting TMC candidate’s nomination

Trinamool Congress general secretary Partha Chatterjee said they have received reports that attempts are being made to reject nominations of TMC candidates.

Naradha cases, Calcutta HC on Narada case, TMC, West bengal government, Narada case house arrest, Bengal news, India news, Indian expressIn his letter, the senior judge questioned why a five-judge bench was constituted when normally a third judge is added in case of a split verdict in a division bench. (File photo)

The Calcutta High Court on Thursday set aside the Election Commission’s (EC) decision of rejecting the nomination of Trinamool Congress candidate Ujjwal Kumar from Joypur constituency in Purulia district.

Kumar’s nomination had been rejected as the Election Commission’s returning officer had stated that the affidavit he had filed had errors.

Kumar had moved the Calcutta High Court on Thursday challenging EC’s decision. The matter was heard by Justice Sabyasachi Bhattacharyya who permitted Kumar to contest the election based on the nomination papers submitted by him.

“Moreover, the ‘defects’ pointed out by the concerned returning officer 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,” the court order read.

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The High 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 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 and has stated that my nomination papers are valid and allowed me to contest the elections.”

Reacting to the development, TMC general secretary Partha Chatterjee said attempts are being made to reject nominations of TMC candidates. “Attempts are being made to reject the nominations of TMC candidates. We are receiving such reports from several places,” Chatterjee added.

First published on: 11-03-2021 at 08:13:26 pm
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