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A Supreme Court bench of Justices Chandrachud and Surya Kant today stayed the order of Calcutta High Court directing Central Forensic Laboratory to audit CCTV cameras used during Contai (West Bengal) Municipality election to ascertain whether there were instances of  violence and vote rigging.

The bench has also stayed the proceeding in the PIL filed by BJP leader Somendu Adhikari in which he sought the court directions to set aside the election results. The bench remarked that the court entertaining a PIL of this nature will set a dangerous precedent as any party that is not in power can file a PIL for cancellation of election.

The West Bengal State Election Commission had filed a special leave petition challenging the order of Calcutta High Court from April 2022 whereby the court directed forensic audit of CCTV cameras used in Contai municipality polls. The Central Forensic Science Laboratory (CFSL), Delhi was directed to conduct the forensic audit and will submit a report to the court in a sealed cover within six weeks. High Court had passed the order in a PIL filed by BJP leader Soumendu Adhikari alleging large-scale violence and electoral malpractices at the Contai municipal polls. Elections to the Contai Municipality happened  on February 27,2022 along with 108 civic bodies of the State. The Trinamool Congress won 102 civic bodies.

When the matter came up for hearing, the court questioned Rakesh Dwivedi, Sr. Adv, appearing for the SEC as to why the order has been challenged despite the counsel before the high court consenting to the audit. Dwivedi responded by saying that the it was the counsel’s error and that such an audit could not have been ordered unless there is a prima facie finding that the footage has been tampered. The court then remarked “It appears that there have been serious irregularities.”

P.S. Patwalia, Sr. Adv, appearing for Adhikari, argued that elections were held in three phases and that they were conducted on the directions of the court. He submitted that there have been serious allegations of booth capturing, serious violence at the hands of the ruling government. Patwalia added that Adhikar had approached the High Court  in December asking for deployment of central paramilitary forces for elections, however they were dismissed as premature. It was apprised to the court that the SEC in its affidavit had stated that the elections were “more or less fair” not completely fair.

The court observed that,

 “This is an evidentiary matter. To the extent High Court was making arrangements for free and fair elections, it was valid. Any challenge to the electoral process should be in accordance with law, once results are declared an election petition will lie and now a PIL.” The court also commented that the High Court cannot collect the evidence in the name of a PIL. Justice Chandrachud said  “this sealed cover business is also very dubious. This will set a very dangerous precedent across the political spectrum. Election results cannot be challenged in a PIL.”

The bench on making the above observation issued notice in the matter and passed an order staying the directions issued by Calcutta High Court for the the forensic audit of CCTV camera used in the Contai Municipality election.
The court noted that, “The issue as to whether directions of the High Court can substitute the procedure provided by the law needs to be analysed.”

Case title: West Bengal State Election Commission Vs Somendhu Adhikari.