Calcutta High Court Seeks Response from CM Suvendu Adhikari
The Calcutta High Court has called upon Chief Minister Suvendu Adhikari to respond to an election petition filed by Mamata Banerjee. The petition challenges Adhikari’s victory in the Bhabanipur Assembly constituency, where he defeated Banerjee by a margin of 15,105 votes in the elections held in April. Adhikari secured 73,917 votes, surpassing Banerjee who garnered 58,812 votes.
Compliance with Representation of People Act
Justice Gaurang Kanth indicated that the court found Banerjee’s petition to be in compliance with the provisions of the Representation of People Act. Consequently, there was no basis for dismissing the petition under Section 86(1) of the Act at this stage. The court has instructed the respondents’ counsel to file their affidavits in opposition within four weeks, with Banerjee’s reply due four weeks thereafter. The case has been scheduled for a hearing in twelve weeks.
Preservation of Evidence
The court has ordered the preservation of CCTV footage from the counting center, along with electronic voting machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) machines used in all polling booths in Bhabanipur. This measure aims to ensure transparency and integrity in the review process.
Disclosure of Potential Conflict of Interest
Justice Kanth disclosed that his brother is a national spokesperson for the Bharatiya Janata Party (BJP). Recognizing the potential for perceived bias, Justice Kanth emphasized the importance of transparency and offered full disclosure to the parties involved. Senior Advocate Kalyan Bandyopadhyay, representing Banerjee, expressed confidence in Justice Kanth’s impartiality and continued with arguments on the merits of the case.
Allegations of Irregularities
Bandyopadhyay alleged significant irregularities during the vote count, including the appointment of a returning officer with a conflict of interest who has since been assigned to the Chief Minister’s office. The counsel further argued that the same officer was involved in the 2021 Nandigram election, where Banerjee also lost, and cited numerous complaints against the officer.
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Concerns Over Electoral Roll Deletions
Additionally, Banerjee’s petition argues that a substantial number of voters were unlawfully removed from the electoral rolls during the Special Intensive Revision (SIR). The court has taken note of these arguments in its order.
