Both Factions of GJM Can Field Candidates, Will be treated as Independent: Calcutta HC

epen, Darjeeling, April 24, 2019: In the legal battle to stake claim of the Gorkha Janmukti Morcha (GJM) party, a Division Bench of the Calcutta High Court ruled that both the Binoy Tamang and Bimal Gurung factions of the Gorkha Janmukti Morcha can field candidates for the Darjeeling Assembly By-elections. However the candidates will have to be fielded as Independent candidates.

Incidentally the Gorkha Janmukti Morcha was floated in 2007 by Bimal Gurung in the Darjeeling Hills. In 2017 the GJM launched an agitation that had culminated in a 105 day long bandh.

Gurung charged in numerous cases under different sections of the Indian Penal Code and the UAPA went underground. Binoy Tamang had then taken over the reins of the party in Darjeeling.

Later with both Bimal Gurung and Binoy Tamang claiming stake of the GJM, Anit Thapa, the General Secretary of the GJM had filed a writ petition in the single bench of Justice Debangshu Basak in the Calcutta High Court.

Justice Basak had ordered the Election Commission of India to decide whose claim is right. However the EC failed to do so and instead filed a appeal in the Division Bench of the Calcutta High Court in Jalpaiguri.

“The EC has filed an appeal in the Division Bench of Justice Sanjib Banerjee and Justice Shuvra Ghosh stating that the EC does not have the infrastructure to adjudicate on the matters of registered non-recognised parties that number around 2500 in India,” stated Saikat Chatterjee, Special Public Prosecutor.

Joy Saha, the Counsel appearing for Anit Thapa argued that as per Section 29(A) of the Representation of People’s Act, all registered parties have to hand in names of office bearers and constitution to the EC hence. As the EC has access to such information it is but apt that they should adjudicate.

“The appeal was admitted. Though the bench did not give the final order the Bench ruled that both the Binoy Tamang and Bimal Gurung factions can use the name of Gorkha Janmukti Morcha during campaign trial, however the name of the factions has to be specified,” stated Chatterjee.

The bench further ruled that candidates fielded by the factions will have to be fielded as independent candidates. “Symbols used by the GJM in previous elections cannot be used by both the sides and they will have to use the symbols accorded by the EC. As nominations for the By-election will have to filed by April 29th and polling is on May 19, the Bench did not give the final order but has provided a temporary solution to the impasse. After the election the matter will be heard again,” added the Special PP.