Mamata vs Suvendu: Calcutta High Court orders to secure voting machines, CCTV footage
The Calcutta High Court has admitted former Bengal chief minister Mamata Banerjee's election petition challenging the Bhabanipur poll results.
Mamata Banerjee (right) has accused Suvendu Adhikari of resorting to corrupt practices, including bribery, undue influence, and spreading enmity (File photos). The Calcutta High Court Tuesday admitted an election petition by former chief minister Mamata Banerjee challenging the results of the West Bengal Assembly elections in the Bhabanipur constituency, where she lost to BJP’s Suvendu Adhikari, who has succeeded her.
A single-judge bench of Justice Gaurang Kanth directed the Returning Officer (RO) of the Election Commission to secure and preserve all electronic voting machines (EVMs), voter-verifiable paper audit trail (VVPAT) machines, and CCTV footage from the constituency’s counting centre at Sakhawat Memorial School.
The court ordered that none of the electronic or physical evidence from the May 4 counting day is erased, overwritten, or destroyed without the court’s approval.
“Upon consideration of the details placed on record, the petitioner (Banerjee) possesses the requisite locus standi, being both a contesting candidate and an elector of the said constituency,” the bench noted.
It also stated that all necessary parties have been impleaded under Section 82 of the Representation of the People (RP) Act, and that the statutory deposit of Rs 2,000 has been paid. The court scheduled the matter for the next hearing in three weeks and directed that notices should be served to all respondents. with
During the hearing, Senior Advocate Kalyan Banerjee, appearing for the Trinamool Congress leader, alleged disruptions during the counting process. “Petitioner was winning by 7,800 (votes) in round 12.”
“Then Suvendu Adhikari (respondent) entered into the counting hall at approximately 3 pm during round 13, started beating everyone, and kicking opposition party agents out of the counting station. From the 13th round onwards, an unimaginable thing happened. Saving CCTV footage will shed light on the matter,” the counsel argued.
Allegations against returning officer
The counsel also alleged administrative bias, pointing out that the appointed returning officer for Bhabanipur had served in Nandigram under controversial circumstances during the 2021 elections and had been appointed as a joint secretary in the Chief Minister’s Office without proper state clearance.
During a brief exchange, Justice Kanth disclosed a potential conflict of interest, noting, “My elder brother is a spokesperson for the BJP. So if you want, you can move this to a different bench.” However, the petitioner’s counsel declined, stating, “A judge is devoid of any bias, so I have no problem with it.”
Banerjee lost the Bhabanipur contest to the BJP’s Adhikari by a margin of 15,105 votes on May 4. In her petition filed under the Representation of the People Act, Banerjee accused Adhikari of resorting to corrupt practices, including bribery, undue influence, and spreading enmity, as well as deliberately manipulating the counting process.
