On Tuesday, Justice Gaurang Kant of the Calcutta High Court, while taking up an election petition filed by West Bengal Chief Minister Mamata Banerjee challenging the results in the Bhabanipur assembly constituency, disclosed to her lawyer that his elder brother serves as a national spokesperson for the Bharatiya Janata Party. The judge emphasized that he would proceed with the matter after full disclosure to avoid any future concerns regarding bias.
Preliminary Hearing and Disclosure
At the outset of the preliminary hearing, Justice Kant informed TMC Lok Sabha MP and senior advocate Kalyan Banerjee, who represents Mamata Banerjee, about his brother's role. The judge stated, "I want to make it very clear that my elder brother is a national spokesperson for Bharatiya Janata Party (BJP)." He added that this might be of concern and that he would hear the election petition "after full disclosure so that you don't have any issues later on."
In response, Kalyan Banerjee expressed full confidence in the judge, saying, "My confidence and respect to you as a judge is not determined by any other factor." He further remarked, "I have confidence in the judiciary, and I believe Indian Judiciary can be independent only when a judge is independent." The senior advocate described Justice Kant as a gentleman and an erudite judge, asserting that no relative or other factor would influence the proceedings. Justice Kant replied, "We are here to dispense justice, (It) doesn't matter to us."
Court Orders Preservation of Evidence
During the hearing, Kalyan Banerjee prayed for the preservation of crucial evidence, which the court granted. Justice Kant directed the Election Commission to preserve and securely keep the CCTV footage from the counting centre at Sakhawat Memorial School in Bhabanipur, recorded on May 4, the day of vote counting for the state assembly elections. The order covers footage both inside and outside the counting hall.
Additionally, the court ordered the preservation of Electronic Voting Machines (EVMs), including control units and ballot units used in all polling booths of Bhabanipur, as well as all Voter Verifiable Paper Audit Trail (VVPAT) machines used in the constituency. The judge explicitly directed that the CCTV footage, EVMs, and VVPATs must not be erased, overwritten, destroyed, tampered with, transferred, redeployed, opened, or dealt with in any manner without the court's permission. The EVMs will remain in the custody of the district election officer until the final disposal of the petition.
Allegations of Irregularities
The election petition, filed by Mamata Banerjee, alleges corrupt practices, illegal deletion of voters from electoral rolls, irregularities in the counting process, and non-compliance with the Constitution and the Representation of the People's Act. Specifically, it claims that a substantial number of voters were unlawfully removed during the Special Summary Revision (SIR) process. The petition also questions the appointment of the returning officer for Bhabanipur, alleging a conflict of interest.
Kalyan Banerjee argued that serious irregularities occurred during counting on May 4, leading to the exclusion of the petitioner's counting agents from the counting hall, which prejudiced the petitioner. He claimed that the election result was affected by these irregularities, particularly after the 12th round of counting. According to the advocate, Mamata Banerjee held an 18% lead at that point, but it dramatically shifted to an 81% lead in favor of Suvendu Adhikari. He asserted that the preserved CCTV footage would reveal what transpired inside the counting hall.
Alleged Quid Pro Quo Arrangement
Kalyan Banerjee further alleged a "quid pro quo" arrangement, pointing out that the returning officer for the Bhabanipur seat had also served in the same capacity during the 2021 Nandigram election, where Mamata Banerjee and Suvendu Adhikari were contestants. He claimed favoritism by the returning officer, noting that Mamata Banerjee lost the Nandigram election in 2021. The advocate also stated that immediately after Adhikari took oath as Chief Minister, the officer was appointed as joint secretary in the Chief Minister's Office.
Additionally, he noted that the state's Chief Electoral Officer, Manoj Agarwal, was made chief secretary after the election, and Subrata Gupta, who served as special roll observer for the SIR process and later as special observer for the state assembly polls, was appointed special advisor to the chief minister soon after the election.
Next Steps in the Case
The court directed the respondents in the petition to file their affidavits in opposition within four weeks, with an affidavit in reply by the petitioner within four weeks thereafter. The matter is scheduled for further hearing after 12 weeks. Suvendu Adhikari won the Bhabanipur seat by a margin of 15,105 votes, defeating Mamata Banerjee.
