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The Calcutta High Court has issued notice in the election petition filed by West Bengal Chief Minister Mamata Banerjee challenging the election of BJP Leader Suvendhu Adhikari from Nandigram.

A single Judge bench of Justice Shampa Sarkar took up the plea after Justice Kausik Chanda recused himself from hearing the plea basis a petition file by Banerjee seeking his recusal & also directed that the copy of the order be served upon the Election Commission of India.

Senior Advocate Soumendu Mukherjee appeared for Mamata Banerjee. Banerjee was also present during the hearing.

The notice in the present petition is returnable after 4 weeks.

In the order recusing himself from the present matter, Justice Chanda has observed that Banerjee had indulged in a smear campaign of vilification and had imposed a fine of Rs. 5 lac on the Chief Minister.

Chronology of Events:

TMC Leaders Sukhendu Shekhar Ray and Mahua Moitra had written to the President of India seeking removal of Solicitor General of India Tushar Mehta. 

“Meeting between Suvendhu Adhikari in grave criminal offences and the SGI who is advising the very investigating agencies who are investigating & prosecuting such an accused person reeks of impropriety & is blatant conflict of interest,” the letter states. 

The letter written by TMC leaders also stated that the act of SGI to provide an opportunity for an audience to Adhikari is not only indicative of grave impropriety but also raises troubling doubts about his professional integrity," letter also states.

TMC workers, Sukhendu Sekhar Ray and Mahua Moitra had claimed that Solicitor General Tushar Mehta and BJPs' Suvendhu Adhikari there are various reports containing videos and photographs that have reported a private one on one meeting between Suvendhu Adhikari. 

“To make matters worse, this meeting took place subsequent to an equally improper meeting between Mr Adhikari and Home Minister of India, Mr Amit Shah,” the letter states. 

Recently, TMC workers Derek O'Brien, Sukhendu Sekhar Ray and Mahua Moitra sought the removal of Solicitor General Tushar Mehta by writing a letter to the Prime Minister Narendra Modi. It was their claim that Solicitor General Tushar Mehta and BJPs' Suvendhu Adhikari had a meeting recently with the intention of influencing the outcome of matters in which Adhikari is an accused. 

In response to the letter, amid speculations of Suvendhu Adhikary meeting Solicitor General Tushar Mehta at his residence, the Law officer had stated that there was no question of meeting Adhikary as he was preoccupied with another meeting when Adhikary came to his residence cum chamber.

“Shri Suvendu Adhikari did come to my residence cum office yesterday at around 3:00 PM, unannounced,” had said the Solicitor General in his statement.

He added that he was already in a pre-scheduled meeting at his chamber when Adhikary arrived.

“My staff requested him to sit in the waiting room of my office building and offered him a cup of tea. When my meeting was over and thereafter my PPS informed me about his arrival, I requested my PPS to convey Mr Adhikari my inability to meet him and apologise as he had to wait. Mr Adhikari thanked my PPS and left without insisting to meet me. 

“The question of my meeting with Mr Adhikari therefore did not arise,” he clarified.

Furthermore, Ashok Kumar Deb, Trinamool Congress MLA had written to Chief Justice NV Ramana, seeking removal of the current acting Chief Justice of Calcutta High Court, Justice Rajesh Bindal.

While the letter was on the letterhead of the “Bar Council of West Bengal” and was undersigned by the TMC MLA, the body of the letter stated that the West Bengal Bar Association is "compelled" to write the instant letter under "urgent and dire circumstances".

The letter which was written to CJI NV Ramana rested on similar contentions that have been raised in the current letter seeking removal of the SG, i.e., basis alleged pictures of Justice Bindal visiting the Hon'ble governors home which were widely published, says the letter. "Videos on social media posts give the impression that Hon'ble Justice Bindra is a BJP man through and through".

Also Read: Recusal of Justice Chanda: A successfully hatched 'smear' campaign or a dangerous precedent?