Supreme Court Adjourns Suvendu Adhikari's Plea Seeking Transfer Of Mamata Banerjee's Election Petition From Calcutta High Court

The Supreme Court of India on Monday adjourned for two weeks BJP leader Suvendu Adhikari's plea seeking transfer of the election petition filed by West Bengal Chief Minister Mamata Banerjee out of the State of West Bengal.

A Single Bench of Justice Hima Kohli adjourned the case after being informed that Senior Counsel Harish Salve appearing for Adhikari was engaged before another court.

"Mr Das appearing for the petitioner submits that the Senior Counsel is on his legs before another court. At his request List after two weeks." the Bench recorded.

During the hearing today, Adv Surjendu Sankar Das appearing for the petitioner, at the outset sought a passover saying that Senior Advocate Harish Salve appearing for Adhikari is held up in another court.

"I'm sorry I can't give a passover, if there's a difficulty I can give an adjournment. Take your pick" Justice High Kohli said

"Let me take instructions" Mr Das requested.

"You can't take instructions from anyone for me to decide this! Lets get that right Mr Das. You're either arguing or you're not" Justice Kohli said.

The present matter relates to the Election Petition moved by West Bengal's CM Mamata Banerjee before the Calcutta High Court challenging Suvendu Adhikari's election win from the Nandigram constituency in the West Bengal Assembly Polls.

The Calcutta High Court's Justice Shampa Sarkar had in July last year 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 had stated.

Banerjee's counsel, Senior Advocate Soumendra Nath Mookherjee, had 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 6 months after the election.

In November, the Calcutta High Court had adjourned the hearing of the election petition on the ground that a transfer petition has been filed by Suvendu Adhikari before the Supreme Court and is currently pending adjudication. 

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 Rupees 5 lakhs on Banerjee.

Case Title: Suvendu Adhikari vs Mamata Banerjee

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