In an application filed by the Chief Minister of West Bengal, Mamta Banerjee seeking the recusal of Justice Kaushik Chandra from hearing her election petition challenging the election of BJP candidate Suvendhu Adhikari from the Nandigram Constituency in the West Bengal assembly polls, the Calcutta High Court will pronounce its judgement on July 7th, 2021.
In the application seeking the recusal, Chief minister had cited the reason of ‘likelihood of bias due to the association of Justice Kaushik Chanda with BJP during his days as a lawyer.’
The Chief minister of Bengal has also written a letter to the Acting Chief Justice of Calcutta High Court Rajesh Bindal to reassign her petition case to any other judge other than Justice Kaushik Chanda in order to avoid prejudice against herself that was heard on June 24th, 2021.
During the hearing on June 24th, a question was posed by Justice Chanda in this regard, justice asked Senior Advocate Sanghvi that, ‘This case was listed before me on 18th. That day no one said that Petitioner has sought re-assignment apprehending bias? Is it not the duty of the Counsel to point this out? You appear in Courts across the country Dr. Singhvi, what is the standard practice?’
Submitting the reasons for the apprehension of bias, Sr. Adv. Sanghvi state that ‘’It is the duty of the Court to see that proceedings are free from any partiality. Justice must not only be done but seen to be done. If fair minded people are likely to pre-judge the case, they will not have confidence in the justice system. A recusal application was filed at the earliest possible opportunity. This answer your Lordship's query- nothing has happened yet that this Court cannot decide the recusal application."
Subsequent to this, Justice Chanda stated the right of the petitioner to move for recusal and said that the matter will be decided judicially.