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This is an archive article published on March 12, 2021

TMC candidate to move SC against Calcutta High Court division bench’s decision on his nomination

The division bench headed by Chief Justice Thottathil B Radhakrishnan set aside the single bench’s order which allowed TMC candidate Ujjwal Kumar to contest the polls.

Supreme CourtThe nomination was dismissed because of “errors” in Kumar’s affidavit. (File)

TMC candidate from Joypur Assembly constituency Ujjwal Kumar on Friday decided to move the Supreme Court after a division bench of the Calcutta High Court set aside the single bench’s order which allowed him to contest the polls.

On Thursday, the single-judge bench of Justice Sabyasachi Bhattacharyya permitted Kumar to contest the elections, setting aside the Election Commission’s (EC) decision of rejecting his nomination papers citing “errors” in Kumar’s affidavit.

Challenging the order, the Election Commission on Friday moved the division bench headed by Chief Justice Thottathil B Radhakrishnan. According to Kumar’s lawyer Amit Kumar Nag, the division bench set aside the single bench’s judgment.

“We are yet to get a copy of the division bench’s order. However, we have learnt that it has set aside the single bench’s judgment. We will move the Supreme Court to challenge the decision. As the nomination papers are already submitted, the candidate can contest the elections if we get a favourable response from the Apex Court,” Nag told The Indian Express.

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