'Constitutionally Improper' : Plea In Supreme Court Questions CM Mamata Banerjee Personally Arguing West Bengal SIR Case

An application has been filed before the Supreme Court challenging West Bengal Chief Minister Mamata Banerjee's personal appearance in the West Bengal SIR matter. Last week, Mamata Banerjee had personally appeared in the Court and made submissions in the petition filed by her challenging the West Bengal SIR process.

The application is moved by Akhil Bharat Hindu Mahasabha Vice-President Satish Kumar Aggarwal seeking intervention in the matter to assist the Court on the said aspect. A bench led by CJI Surya Kant will hear the West Bengal SIR matter tomorrow.

"That the present Intervention Application is filed exclusively to assist this Hon'ble Court on an issue of grave constitutional and institutional importance, namely, the impermissibility, impropriety, and adverse constitutional consequences of permitting the personal appearance of a sitting Chief Minister in proceedings invoking the extraordinary jurisdiction of this Hon'ble Court under Article 32 of the Constitution of India", the plea says.

The applicant asserts that CM Mamata Banerjee's petition raising issues pertaining to the SIR is not a "personal or private dispute", but concerns matter of State governance and the constitutional exercise of powers by ECI in conducting the SIR of electoral rolls in accordance with the Constitution of India and election laws.

"The issues raised directly implicate the institutional functioning of the State of West Bengal and its constitutional relationship with the Election Commission of India. In such circumstances, the Petitioner, being the incumbent Chief Minister, cannot claim to appear in a personal capacity, and any representation before this Hon'ble Court must necessarily be through duly appointed advocates representing the State of West Bengal. The State, as a constitutional entity, is already adequately represented through its appointed counsel, and no occasion arises for the personal appearance of the Petitioner in proceedings of such nature."

The applicant highlights that the CM has sought to appear personally, even though she is assisted by a duly appointed team of senior advocates. "such personal appearance by a sitting Chief Minister is constitutionally improper, institutionally undesirable, and legally untenable, as it runs contrary to settled judicial conventions, established court practice, and principles of judicial discipline, particularly in proceedings where professional legal representation is already in place."

The application further states that constitutional functionaries occupying high offices are expected to conduct cases through legal counsel so as to preserve the "dignity, neutrality, and independence of constitutional courts and to avoid the personalization of constitutional adjudication".

The plea also links the CM's personal appearance before the Court to a symbolic pressure and institutional imbalance.

"the personal appearance of a serving Chief Minister before this Hon'ble Court, even if ostensibly in an individual capacity, seriously blurs the constitutionally entrenched doctrine of separation of powers and carries an inherent risk of perceived executive influence, symbolic pressure, or institutional imbalance, which this Hon'ble Court has consistently sought to guard against."

The applicant further challenges maintainability of the writ petition, saying that the CM could not have filed a petition under Article 32 against the Election Commission without infringement of any of her fundamental rights. He also underlines the importance of SIR in West Bengal, pointing to reports of illegal immigrants fleeing from the state to escape the SIR process.

The application has been drawn by Advocate Barun Kumar Sinha and filed through AoR Anantha Narayana MG.

Case Title: MAMATA BANERJEE Versus ELECTION COMMISSION OF INDIA AND ANR., W.P.(C) No. 129/2026