Calcutta HC orders Suvendu Adhikari to reply by Oct 1 to Mamata's Bhabanipur petition
Synopsis
Key Takeaways
Calcutta High Court on Tuesday, 29 September directed West Bengal Chief Minister Suvendu Adhikari to file a written reply by 1 October to the election petition filed by former Chief Minister Mamata Banerjee, who has alleged massive counting irregularities in the Bhabanipur Assembly Constituency during the West Bengal Assembly elections held earlier this year. The directive came from Justice Gaurang Kanth of the Calcutta High Court.
Background: The Bhabanipur Result
In the assembly election earlier this year, Suvendu Adhikari, contesting as a Bharatiya Janata Party (BJP) candidate, defeated Mamata Banerjee of the All India Trinamool Congress (TMC) by a margin of 15,105 votes at Bhabanipur — a constituency long regarded as Banerjee's political stronghold. The loss marked a significant personal setback for Banerjee, who was the sitting Chief Minister at the time.
What the Petition Alleges
Following the result, Banerjee filed an election petition at the Calcutta High Court through her counsel, Kalyan Banerjee — a four-time Trinamool Congress Lok Sabha member — alleging widespread counting irregularities. The petition specifically points to events at Sakhawat Memorial Girls' High School in South Kolkata, where counting was conducted on 4 May. Banerjee has claimed that her counting agent was beaten and forcibly removed from the centre near the close of counting, allegedly allowing irregularities to occur unchecked.
She has further alleged that she herself was prevented from entering the counting centre as a candidate for an extended period. Additionally, the petition contends that the returning officer for Bhabanipur was a close confidant of Adhikari, who was at the time the Leader of the Opposition in the West Bengal Assembly — a claim that, if substantiated, raises serious questions about the neutrality of election administration in the constituency.
Earlier Hearing and Document Preservation
During a hearing in August, Adhikari's counsel Joydeep Kar sought time to respond, and Justice Kanth granted a three-week extension. At the same time, the court ordered the preservation of all election-related documents, including EVMs and CCTV footage from the counting centre — a significant interim measure that signals the court's intent to examine the claims on merit.
Tuesday's Proceedings
During the 29 September hearing, Kalyan Banerjee was absent from court. His son, Sirshanyo Banerjee, appeared on behalf of Mamata Banerjee. The court reiterated its directive to Adhikari to submit a written reply by 1 October. The case is being closely watched as it directly challenges the election of a sitting Chief Minister and carries significant constitutional and political weight in West Bengal.
What Happens Next
With the October 1 deadline now set, Adhikari's formal reply is expected to shape the subsequent course of proceedings. If the court proceeds to a full trial on the merits, it could examine EVM data, witness accounts, and CCTV footage from the Bhabanipur count. A ruling in favour of Banerjee could potentially vacate Adhikari's election, though such outcomes in Indian election petition jurisprudence are rare and typically lengthy processes.