Court Orders Preservation of Election Evidence Amid Allegations of Corrupt Practices and Irregularities
In a significant development, the Calcutta High Court has declared the election petition filed by West Bengal Chief Minister Mamata Banerjee against Bharatiya Janata Party leader Suvendu Adhikari as maintainable. The petition challenges the election results from the 159-Bhabanipur Assembly Constituency, alleging corrupt practices, illegal voter deletions, and irregularities in the counting process.
Presided over by Justice Gaurang Kanth, the court examined whether the petition met the necessary statutory requirements under the Representation of the People Act, 1951. The court determined that the petition complied with Sections 81, 82, and 117, thereby dismissing any grounds for its rejection under Section 86(1) of the Act.
Mamata Banerjee's petition argues that a significant number of voters were unlawfully removed from the electoral roll, and serious procedural lapses occurred during the vote counting. These allegations, if proven, could have materially affected the election outcome. As a precautionary measure, the court has granted interim relief to Banerjee, directing the preservation of critical evidence, including CCTV footage, Electronic Voting Machines (EVMs), and Voter Verifiable Paper Audit Trail (VVPAT) machines used during the election process.
The court underscored the importance of these materials for the fair trial of the petition, noting that failure to preserve them could lead to the loss of vital evidence. Consequently, the Election Commission of India and state election officials have been ordered to safeguard the specified evidence until the election petition is resolved.
The court's decision comes amid a politically charged atmosphere, with Banerjee seeking to challenge her narrow defeat to Adhikari in the closely watched constituency. The matter is scheduled to return to court in three weeks for further proceedings.
Bottom line:-
Election Petition - Maintainability and Interim Relief - Election petition challenging the election process and alleging corrupt practices, irregularities in the electoral roll, and counting process was held to be maintainable under Sections 81, 82, and 117 of the Representation of the People Act, 1951. Interim relief granted for preservation of CCTV footage, EVMs, and VVPAT machines to ensure evidence is not lost or tampered with.
Statutory provision(s):
Representation of the People Act, 1951 Sections 80, 80A, 81, 82, 86(1), 100, 101, 117, and 123
Mamata Banerjee v. Suvendu Adhikari, (Calcutta) : Law Finder Doc id # 2929064
