Calcutta HC Seeks Response From Suvendu Adhikari By Nov 29 In Mamata Banerjee's Election Petition Against Nandigram Results, Next Hearing On Dec 1

The Calcutta High Court on Monday adjourned the hearing of election petition filed by West Bengal Chief Minister Mamata Banerjee challenging BJP MLA Suvendu Adhikari's election win from the Nandigram constituency in the 2021 West Bengal Assembly Polls to December 1. On the previous date of hearing, a similar adjournment had been sought on the ground that a transfer petition has been filed by Suvendu Adhikari before the Supreme Court and is currently pending adjudication. 

Justice Shampa Sarkar however directed Adhikari to submit the written statement within 2 weeks i.e. by November 29. 

"Summons were received by the respondent on July 20, 2021. On the prayer of the learned Senior Advocate representing the respondent, time to file the written statement was granted upto November 15, 2021. Today, such prayer has been made and written statement has not been filed. The ground as stated for not filing the written statement on November 15, 2021 i.e. on the 117th day from the receipt of the summons is that the written statement has not yet been finalized, but the draft has been prepared", the order read. 

During the hearing, Advocate General S.N Mookerjee appearing for the Chief Minister however expressed strong reservations against the extension of time granted to Adhikari for filing the written statement. He placed reliance on the Supreme Court judgment in Pukhrem Saratchandra Singh v. Mairembam Prithviraj to contend that written statements must be filed expeditiously. He further argued that Adhikari is intentionally avoiding filing of the written statement only to linger and delay the proceedings. 

It was further submitted by the Advocate General that although the provisions of The Representation of the People Act, 1951 mandates that such proceedings must be completed within a period of six months, especially to restore the faith of the voters in the process of election, Adhikari had failed to abide by the direction of this Court. He further apprised the Court that the Apex Court is yet to decide whether the trial of the election petition must be transferred to any other High Court and that such a transfer petition does not have any connection with the filing of the written statement. 

Accordingly, the Court observed in its order, 

"Having considered the rival contentions of the parties, it appears from the application itself that the draft written statement has been prepared. This Court is of the view that the written statement must be filed within two weeks i.e. November 29, 2021 peremptorily."

The instant case had been assigned to Justice Shampa Sarkar after the recusal of Justice Kausik Chanda. Chief Minister Mamata 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. Accordingly, Justice Chanda had recused himself from hearing the case after stating 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 also imposed a cost of Rupees 5 lakhs on Banerjee.

Case Title: Mamata Banerjee v. Suvendu Adhikari 

Click Here To Read/Download Order