The Calcutta High Court has directed authorities to preserve Electronic Voting Machines (EVMs), VVPAT machines and CCTV footage related to the 2026 Bhabanipur Assembly election while hearing an election petition filed by West Bengal Chief Minister Mamata Banerjee. The Court held that the petition meets the legal requirements for consideration and cannot be dismissed at the preliminary stage.
Background of the Case
The election petition was filed by Mamata Banerjee challenging the election of Suvendu Adhikari from the 159-Bhabanipur Assembly Constituency. The petition alleges irregularities during the election process, including the alleged unlawful deletion of voters from electoral rolls, issues concerning the appointment of the Returning Officer, and alleged irregularities during the counting process.
According to the petition, these alleged acts materially affected the election result. It also claims that counting agents representing the petitioner were prevented from effectively participating during the counting held on May 4, 2026.
Court's Observation
At this stage, Justice Gaurang Kanth clarified that the Court was only required to examine whether the petition complied with the mandatory provisions of the Representation of the People Act, 1951.
The Court observed:
"The scrutiny contemplated under Section 86(1) of the said Act is confined to examining compliance with Sections 81, 82 and 117... and does not extend to adjudication upon the merits of the allegations contained in the petition."
After examining the record, the Court found that the petition had been filed within the prescribed limitation period, all necessary parties had been impleaded, and the statutory security requirements had been fulfilled. Accordingly, the Court held that no ground existed for dismissing the petition at this preliminary stage.
Why Preservation of Evidence Was Ordered
The petitioner also sought interim relief for preserving CCTV footage from the counting centre along with the EVMs and VVPAT machines used in the constituency.
Justice Kanth observed:
"Failure to preserve the same may result in irretrievable loss of evidence which may be relevant at the trial of the petition."
The Court noted that CCTV footage is electronic evidence that could be lost through routine overwriting, while EVMs and VVPAT machines are material evidence relevant to the issues raised in the election petition. Preserving them would not prejudice the respondents or amount to deciding the merits of the dispute.
Court's Decision
The High Court directed the Election Commission of India, the Chief Electoral Officer, West Bengal, and the Returning Officer of the 159-Bhabanipur Assembly Constituency to preserve the CCTV footage recorded at the counting centre on May 4, 2026, as well as all EVMs, Control Units, Ballot Units and VVPAT machines used in the constituency.
The Court further ordered that these materials shall not be erased, overwritten, destroyed, tampered with, transferred, redeployed or otherwise dealt with without the Court's permission. The matter has been directed to be listed again after three weeks.
Case Details
Case Title: Mamata Banerjee v. Suvendu Adhikari and Others
Case Number: EP/9/2026
Judge: Justice Gaurang Kanth
Decision Date: June 23, 2026
