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Tuesday, April 13, 2021

HC overturns EC rejection of Trinamool candidate’s nomination

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

Written by Santanu Chowdhury | Kolkata |
March 12, 2021 2:59:19 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 decision to reject the nomination of TMC candidate Ujjwal Kumar from Joypur constituency in Purulia district.

Based on the returning officer’s order, EC had on Wednesday rejected Kumar’s nomination papers citing “errors” in his 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 in view of the petitioner having disclosed that the petitioner does not have any government accommodation…” the court order stated.

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…”

Kumar told The Indian Express, “Today, the court set aside the EC’s decision and said the nomination paper is valid and allowed me to contest.”

TMC secretary general Partha Chatterjee claimed that attempts are being made to reject nominations of TMC candidates.

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