Justice Kaushik Chanda of Calcutta High Court today reserved the judgment on a plea by chief minister Mamata Banerjee that the judge assigned to hear her election petition recuse himself as he was an “active member” of BJP.
Miss Banerjee appeared before the court of Justice Chanda through video conferencing, as directed by him on 18 June. Why didn’t you mention the transfer issue during the hearing of the matter on 18 June after having prayed for the transfer of the case on 16 June, Justice Chanda asked chief minister’s counsel, Avishek Manu Singhvi.
The transfer petition was made as it was contended that before his elevation, Justice Chanda had connection with BJP which may bias his views in this matter as Suvendu Adhikari, the victorious BJP candidate of Nandigram is a party in the election petition. The election petition by chief minister seeks Nandigram results be set aside and recounting held under jurisdiction of the court.
Even as the transfer petition was before the acting Chief Justice, Rajesh Bindal, another petition was made to Justice Chanda yesterday seeking transfer of the matter from before him. Addressing Singhvi about his BJP links, Justice Chanda said he had told a Division Bench of these connections when he was a counsel.
Referring to his appearance in a case of Amit Shah holding a rally before Victoria House, Justice Chanda that BJP was not a significant political force in the state when he represented it. Stating that BJP had won that case, Justice Chanda said that he was not even a convenor of the legal cell of the party he once represented in this matter.
As for the ongoing matter, while Singhvi was a Congress leader, another counsel in this case, SN Mookherjee had BJP connection, Justice Chanda pointed out. Two appeals cannot be heard simultaneously as one transfer petition is already before the acting Chief Justice who is yet to give his decision on it and another one is before me, Justice Chanda pointed out. If you appeal to me then you must withdraw the transfer petition before the acting Chief Justice, he said.