Calcutta HC Admits Mamata Banerjee's Election Petition Against Suvendu Adhikari's Win; Orders Preservation Of EVMs, VVPATs & CCTV Footage

The Calcutta High Court on Tuesday admitted the election petition by former CM Mamata Banerjee, challenging the election of West Bengal Chief Minister Suvendu Adhikari from the Bhabanipur Assembly Constituency, holding that the petition discloses a valid cause of action and satisfies the requirements under the Representation of the People Act, 1951.

Refusing to dismiss the petition at the threshold, Justice Gaurang Kanth directed the Election Commission of India (ECI), the Chief Electoral Officer (CEO), West Bengal, and the Returning Officer of the Bhabanipur Assembly Constituency to immediately preserve the Electronic Voting Machines (EVMs), Voter Verifiable Paper Audit Trail (VVPAT) machines, and CCTV footage relating to the election, pending adjudication of the case.

Dictating the order in open court, the Bench observed: "This Court is satisfied that the election petition complied with the Representation of the People Act. No ground exists for dismissal."

The Court noted that while the petitioner had sought interim measures, the prayer for preservation of evidence stood on a distinct footing.

Emphasising the importance of the material sought to be preserved, the Court observed: "The prayer for preservation of CCTV footage, EVMs and VVPAT machines stands on a different footing. CCTV footage is electronic evidence that may get lost due to overwriting and EVMs and VVPAT are material evidence relevant to the issue raised here."

The Court further held that preserving the material would not prejudice any of the respondents or amount to a decision on the merits of the election dispute.

"Preservation of such material would neither prejudice the respondent nor amount to adjudication on merits. Failure to preserve the same may lead to irreparable loss of evidence."

Finding that a prima facie case had been made out for interim protection of the evidence, the Court ordered:

"This Court is satisfied that a case is made out for immediate preservation of CCTV footage, EVMs and VVPAT machines pending adjudication of the election petition."

Accordingly, the Court directed the ECI, the CEO, West Bengal, and the Returning Officer of the Bhabanipur Assembly Constituency to preserve the CCTV footage, EVMs and VVPAT machines until further orders.

The Court also specifically directed that the material: "shall not be erased, overwritten, destroyed, tampered, redeployed, or opened in any manner without leave of this Court."

During the hearing, senior advocate Kalyan Bandopadhyay appearing for Mamata Banerjee urged the Court to ensure an early disposal of the election petition, submitting, "I appeal for this matter to be decided as expeditiously as possible."

The matter has now been directed to be listed after eight weeks.

Case No: EP/9/2026

Case: MAMATA BANERJEE VS SUVENDU ADHIKARI AND ORS