Justice Kausik Chanda recuses from hearing Election Petition of Mamata Banerjee but imposes costs of Rs 5 lakh

7th July,2021

Justice Kausik Chanda recuses from hearing Election Petition of Mamata Banerjee but imposes costs of Rs 5 lakh

Calcutta High Court judge, Justice Kausik Chanda on Wednesday recused from hearing the political decision appeal documented by West Bengal Chief Minister Mamata Banerjee testing the appointment of BJP pioneer Suvendu Adhikari from Nandigram electorate in the 2021 gathering races. The Court, nonetheless, forced Rs 5 lakh costs on Banerjee for the determined way in which she had looked for the recusal of Justice Chanda. Justice Chanda said that when the case had first come up before him on June 18, no solicitation was made for his recusal. In any case, after the conference, heads of All India Trinamool Congress party were prepared with his photographs and subtleties of his relationship with BJP and put out various tweets with that impact. Justice Chanda additionally noticed that a supplication was made before the Chief Justice on the managerial side for redistribution of the case. "The previously mentioned sequence of occasions obviously recommend that an intentional and cognizant endeavor was settled on to impact my choice before the recusal application was put under the watchful eye of the court for legal thought on . The determined mental hostile and denunciation for recusal should be solidly repelled and an expenses of Rs. 5 lakh is forced upon the candidate," the Court requested.

Th costs must be saved with the Bar Council of West Bengal inside about fourteen days and the equivalent will be utilized for groups of legal counselors who have surrendered to COVID-19, the Court said.

The Court in its judgment likewise said that simple past relationship of an appointed authority with an ideological group isn't ground for recusal from a case since each judge has his/her political tendencies. "Like any individual resident, an appointed authority additionally practices his democratic rights and have political tendencies. The previous relationship of an appointed authority with a political can't be the reason for dread of predisposition. Tolerating such a conflict will prompt Bench chasing, Justice Chanda believed.

However, he said that he has no close to home tendency to hear out the instance of Banerjee since it's anything but a chance for agitators to make new debates along these lines disgracing the legal executive. "It is my Constitutional obligation and commitment to hear out the case relegated to me by the Chief Justice impartially and impartially. I have, be that as it may, chose to recuse myself from the case. Since the two people engaged with this case have a place with the most noteworthy echelons of the State governmental issues, for the sake of saving the legal executive, a few go getters have effectively arisen. These difficulty mongers will attempt to keep the debate alive and make fresher contentions. The preliminary of the case before this Bench will be a device for them. It will be in opposition to the interest of Justice if such inappropriate issues proceed. The knowing about the case ought to continue consistently like some other case under the steady gaze of this court," the Court said.