[BREAKING] Justice Kausik Chanda recuses from hearing Election Petition of Mamata Banerjee but imposes costs of Rs 5 lakh [READ ORDER]

Calcutta High Court judge, Justice Kausik Chanda on Wednesday recused from hearing the election petition filed by West Bengal Chief Minister Mamata Banerjee challenging the election of BJP leader Suvendu Adhikari from Nandigram constituency in the 2021 assembly elections..The Court, however, imposed Rs 5 lakh costs on Banerjee for the calculated manner in which she had sought the recusal of Justice Chanda. Justice Chanda said that when the case had first come up before him on June 18, no request was made for his recusal. However, after the hearing, leaders of All India Trinamool Congress party were ready with his photos and details of his association with BJP and put out a number of tweets to that effect. Justice Chanda also noted that a plea was made before the Chief Justice on the administrative side for reallocation of the case. ."The aforesaid chronology of events clearly suggest that a deliberate and conscious attempt was made to influence my decision before the recusal application was placed before the court for judicial consideration on . The calculated psychological offensive and vilification for recusal need to be firmly repulsed and a costs of Rs. 5 lakh is imposed upon the petitioner," the Court ordered. .Th costs have to be deposited with the Bar Council of West Bengal within two weeks and the same shall be used for families of lawyers who have succumbed to COVID-19, the Court said. .The Court in its judgment also said that mere past association of a judge with a political party is not ground for recusal from a case since every judge has his/ her political inclinations. ."Like any individual citizen, a judge also exercises his voting rights and have political inclinations. The past association of a judge with a political cannot be the basis for apprehension of bias. Accepting such a contention will lead to Bench hunting, Justice Chanda opined. However, he said that he has no personal inclination to hear out the case of Banerjee since it will provide an opportunity for trouble makers to create new controversies thus shaming the judiciary. "It is my Constitutional duty and obligation to hear out the case assigned to me by the Chief Justice neutrally and dispassionately. I have, however, decided to recuse myself from the case. Since the two persons involved in this case belong to the highest echelons of the State politics, in the name of saving the judiciary, some opportunists have already emerged. These trouble mongers will try to keep the controversy alive and create newer controversies. The trial of the case before this Bench will be a tool for them. It will be contrary to the interest of justice if such unwarranted problems continue. The hearing of the case should proceed seamlessly like any other litigation before this court," the Court said. In view of this, election petition stands released from my list, ordered Justice Chanda. .Trial of this case before me will be an opportunity for trouble mongers.Justice Kausik Chanda.Banerjee had sought recusal of Justice Chanda from the case on the ground that he was an active member of the Bharatiya Janata Party before he became a judge of the Calcutta High Court. Justice Chanda had also served as Additional Solicitor General for the BJP government before he was elevated to the Bench. .Banerjee had first written a letter to the acting Chief Justice (CJ) of the Calcutta High Court, Rajesh Bindal seeking reassignment of her case to some other judge. This was after the case was listed once on June 18 before Justice Chanda when the issue was not raised before him. The letter to the acting CJ did not meet with any response after which she filed an application on the judicial side seeking Justice Chanda's recusal. When the application came up for hearing on June 24, Justice Chanda fairly conceded his close connection with the party. .When I first appeared for BJP, judge did not know full name of the party: Justice Kausik Chanda recounts his initial days as BJP lawyer in Bengal.He, however, asked why the issue was not raised before him on the judicial side when the petition was first came up before him on June 18."All over country, the practice is to approach the judge first on judicial side. But you approached administrative side first,” he added.Dr. Abhishek Manu Singhvi, appearing for Banerjee, had responded by stating that it would not have been appropriate to make such contentions on June 18 orally without filing the same on affidavit.Justice Chanda had then reserved his order in the matter. .Senior Advocates Abhishek Manu Singhvi and SN Mookherjee along with advocates Sanjay Basu, Samik K Chakraborty, Piyush Agrawal, Utsha Dasgupta, Aman Sharma and Amit Bhandari appeared for Banerjee. .[Read Order]