The returning officer had cancelled Kumar’s nomination.
(Photo: iStock)
A Division Bench of Chief Justice, Calcutta High Court TBN Radhakrishnan and Justice Aniruddha Roy today set aside an order of the Single Bench which had directed the Election Commission (EC) to permit Trinamul Congress candidate, Ujjwal Kumar to contest from Joypur, Purulia.
The returning officer had cancelled Kumar’s nomination. When Kumar moved court yesterday, a Single Bench set aside the cancellation order and directed ECI to let Kumar contest the poll.
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The EC challenged the order of the Single Bench today before a Division Bench contending that it had passed an exparte order without hearing the commission.
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Once election process has started, no court had any jurisdiction to interfere in the poll process, Rakesh Dwivedi and Dwaipayan Choudhury submitted on behalf of the commission.
The order of the Single Bench is bad in law. The appeal of the commission was allowed by the Division Bench. When Kumar’s counsel prayed for stay, it was refused. Kumar, meanwhile, has decided to move the Supreme Court challenging the Division Bench’s order.
Talking to the media persons today, Kumar said that time is very short and he is moving the apex court on this issue. In this seat, former forward block MP of Purulia, Narahari Mahato who has recently joined the saffron brigade has filed his nomination papers as the BJP candidate.
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