Kolkata: The Calcutta High Court on Wednesday issued notice on the election petition filed by Chief Minister Mamata Banerjee challenging the election of Suvendu Adhikari from Nandigram. Justice Shampa Sarkar issued notice to Suvendu Adhikari, the elected candidate of BJP, and directed that the records and papers in relation to the election be preserved during the pendency of the petition.
"Let notice be issued. The matter is made returnable on August 12, 2021. Pending the decision of the case, all documents, election papers, devices, video recordings etc connected with the election which is under challenge before this court shall be preserved by the concerned authority," the order stated. Banerjee's counsel, senior advocate Soumendra Nath Mookherjee, requested the Bench to pass an interim order for preservation of records as the authorities are otherwise required to preserve them only for a period of six after the elections.
The Court directed the Registry to serve a copy of the order to the Election Commission of India and the Returning Officer. Mamata Banerjee was also present online for the hearing. The senior counsel said as per a Supreme Court judgment ((2009) 8 SCC 736), the petitioner is required to appear before the Court to present the election petition. Justice Sarkar noted that the said formality (of petitioner appearing) is over as she had appeared before Justice Chanda, who was dealing with the case before.
The case was assigned to Justice Shampa Sarkar after the recusal of Justice Kausik Chanda. Banerjee had objected to Justice Chanda hearing the petition on the apprehension of bias due to his association with BJP when he was a lawyer.
Last week, Justice Chanda recused from hearing the case saying that "trouble mongers will keep the controversy alive if he does not recuse". Taking exception to the manner in which his recusal was sought, Justice Chanda had imposed a cost of Rs 5 lakh on Banerjee.
Meanwhile, Adhikari on Wednesday, citing observations by Justice Chanda, moved Supreme Court praying that the poll petition filed by the TMC chief in the Calcutta High Court challenging his election from Nandigram constituency be transferred out of Bengal.
The BJP leader in his plea before the Apex Court cited Justice Chanda's July 7 order regarding the attack on judiciary in the state, as a ground to seek transfer of the petition from the Calcutta High Court.