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HC warns Abhishek Banerjee of ex-parte order in Diamond Harbour poll case

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The Calcutta High Court on Tuesday warned Trinamool Congress leader and MP Abhishek Banerjee that it may pass an ex-parte order in an election petition filed against him over alleged irregularities in the 2024 Lok Sabha polls from Diamond Harbour, after his counsel sought more time to file a written response.

 

The matter, listed as EP/05/2024 (Abhijit Das Bobby vs Abhishek Banerjee), was heard by Justice Sugato Majumdar, who expressed displeasure over repeated delays. Banerjee’s legal team has already sought adjournments on three earlier occasions but has yet to file a written reply.

 

On Tuesday, Banerjee’s counsel again sought time, drawing sharp objections from senior advocate Bilwadal Bhattacharya, appearing for petitioner Abhijit Das, a rival candidate.

 

Justice Majumdar initially proposed imposing a fine of 5,000 rupees ($60) for the delay but later waived the penalty at the request of the defence counsel. He nevertheless set August 28, 2025, as the “final opportunity” for Banerjee to submit his response, cautioning that failure to do so would result in an ex-parte order.

 

Preservation of records

 

The case relates to allegations of malpractice and “booth capturing” during the general elections. On April 8 this year, the High Court directed the Chief Election Commissioner of India and the District Magistrate-cum-District Election Officer of South 24 Parganas to preserve all election-related documents, devices, and CCTV footage. That order remains in force, ensuring that key evidence is secured.

 

Call for forensic testing

 

During Tuesday’s hearing, Bhattacharya urged the court to send electronic voting machines (EVMs), CCTV recordings and other election materials for forensic examination. In response, counsel for the Election Commission of India (ECI) said the Commission would file a written application opposing such a move.

 

Court records also show that ECI’s counsel appeared in the matter even before the Commission was formally served notice. The judge remarked that such conduct raised “serious doubts” about the neutrality of the constitutional body.

 

Wider significance

 

The petition against Banerjee, who is the nephew of West Bengal Chief Minister Mamata Banerjee and a prominent face of the ruling Trinamool Congress, has drawn close attention in the state’s political circles. Each hearing has seen sharp exchanges, with the court’s directions and observations adding to the controversy.

The next hearing has been scheduled for September 4, 2025. Analysts say the High Court’s firm stance, the demand for forensic scrutiny, and questions over the Election Commission’s role have made the case a political flashpoint in West Bengal, potentially influencing the broader narrative around electoral integrity.