The Calcutta High Court on Tuesday admitted an election petition filed by former West Bengal Chief Minister and Trinamool Congress leader Mamata Banerjee, challenging the election of incumbent Chief Minister Suvendu Adhikari from the Bhabanipur Assembly constituency.
The single-judge Bench of Justice Gaurang Kanth held that the petition disclosed a valid cause of action and prima facie satisfied the statutory requirements prescribed under Section 86(1) of the Representation of the People Act, 1951. The Court issued notice to Adhikari and other respondents, directing them to file their affidavits-in-opposition within four weeks, while granting a further four weeks thereafter for the petitioner to file a reply. The matter has been listed for further hearing after 12 weeks.
Before taking up the case, Justice Kanth made a disclosure in open court that his elder brother was serving as national spokesperson of the Bharatiya Janata Party (BJP). The judge stated that the disclosure was being made to ensure transparency and to avoid any future apprehension regarding the proceedings.
Senior Advocate Kalyan Bandyopadhyay, appearing for Banerjee, expressed no objection to the matter being heard by Justice Kanth and conveyed confidence in the Court’s impartiality.
Justice Kanth further directed the preservation of all election-related records connected with the Bhabanipur Assembly election, including Electronic Voting Machines (EVMs), Voter Verifiable Paper Audit Trail (VVPAT) units used in all polling stations within the constituency, as well as CCTV footage of the counting centre, to safeguard material evidence pending adjudication of the election dispute.
Banerjee has challenged the outcome of the Assembly election in which Adhikari secured 73,917 votes and defeated her by a margin of 15,105 votes. She polled 58,812 votes in the election held in April. The petition sought multiple reliefs, including preservation of electoral records and judicial scrutiny of the electoral process.
During the hearing, Bandyopadhyay alleged serious irregularities in the counting process and questioned the appointment of the Returning Officer for the Bhabanipur constituency. It was argued that the officer was appointed despite an alleged conflict of interest and had previously served as Returning Officer during the 2021 Nandigram Assembly election, where Banerjee had also suffered defeat.
The petitioner further alleged that several complaints had earlier been raised regarding the conduct of the same officer and pointed out that he has since been posted to the Chief Minister’s Office.
The High Court recorded the petitioner’s contention that a substantial number of voters were unlawfully deleted from the electoral rolls during the Special Intensive Revision (SIR) exercise. According to the petition, such deletions materially affected the electoral process and warrant judicial examination in an election petition under the statutory framework governing electoral disputes.
Holding that the pleadings raised triable issues requiring adjudication, the Court proceeded to issue notice and directed preservation of all relevant electoral materials, paving the way for a detailed examination of the challenge to Adhikari’s electoral victory from Bhabanipur.
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