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Calcutta High Court issues notices on election petitions of two BJP leaders

In both the Petition, the High Court has directed that all the equipment, devices, documents both physical and in the electronic form in connection with the election under challenge shall be preserved by the concerned authority till the disposal of the Election Petition.

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The Calcutta High Court has issued notices on the election pleas filed by two BJP leaders Swadhin Kumar Sarkar and Kalyan Chaubey.

The single-judge bench of Justice Amrita Sinha admitted the election petition of Swadhin Kumar Sarkar, who lost to Trinamool Congress candidate Chandana Sarkar by 2,426 votes from the Baisnabnagar constituency. The Court issued notice to the winning candidates and posted the matter for hearing on August 20.

Whereas, another single-judge bench of Justice Jay Sengupta admitted the petition of Kalyan Chaubey, who was defeated by Trinamool Congress candidate Sadhan Pande by 20,000 votes from Maniktala constituency.

“Let notice be issued in terms of Rule 24 of the Election Petition Rules,1967 as framed by this Court,” the Court ruled while listing the matter on August 6.

In both petitions, the High Court directed that all the equipment, devices, documents both physical and in the electronic form in connection with the election under challenge shall be preserved by the concerned authority till the disposal of the election petitions. 

Also Read: Allahabad High Court seeks response from state govt, UP SSS Commission on plea challenging the validity of eligibility test

It is pertinent to note that on July 16, a Single Bench of Justice Bibek Chaudhuri heard the election petition of TMC’s Alorani Sarkar, who lost the elections against BJP’s candidate Swapan Majumder by 2,008 votes.

The Court is of the view that the instant election petition ought to be heard at the outset on the issue of maintainability.
Therefore, the preliminary issue was framed: “Is the instant election petition maintainable in law ?” Observed the Bench while fixing the matter on July 30.

Earlier this month, BJP leader Biswanath Banerjee who had lost the election from Mahishadal Vidhan Sabha constituency by 2,386 votes had moved the court for a review of the results.

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