The petition calls for a judicial review of Adhikari’s win, as reported by Live Law.
While addressing the case, the High Court ordered the preservation of all election-related materials, including CCTV footage, Electronic Voting Machines (EVMs), and Voter Verifiable Paper Audit Trail (VVPAT) machines, from the constituency.
This directive was issued to ensure that the records remain intact during the proceedings.
The court, while dictating the order, remarked, “The request for preservation of CCTV footage, EVMs, and VVPAT machines has its own significance. CCTV footage represents electronic evidence that might be overwritten, while EVMs and VVPAT are pertinent material evidence relevant to the concerns raised.”
Court (dictating order): this court is satisfied that the election petition complied with the RP Act. No grounds exist for dismissal.
The petitioner has requested interim measures. #CalcuttaHighCourt
— Live Law (@LiveLawIndia) June 23, 2026
It further stated, “Maintaining such material would neither harm the respondent nor serve as an early judgment on the merits. Failing to preserve the evidence could result in irreversible loss.”
The court found that the petition presented a valid cause of action and satisfied the criteria established under the Representation of the People Act, 1951. Justice Gaurang Kanth emphasized that there were no grounds at this stage to reject the petition.
The court acknowledged that a prima facie case exists for the protection of evidence and ordered the preservation of CCTV footage, EVMs, and VVPAT machines throughout the election petition’s duration. The High Court also mandated that the safeguarded material must not be erased, overwritten, destroyed, tampered with, redeployed, or accessed without court authorization.
Senior advocate Kalyan Bandopadhyay, representing Banerjee, urged the court to expedite the matter.
The case is now scheduled for a further hearing in eight weeks.
Banerjee lost the Bhabanipur Assembly seat to Adhikari by a margin of 15,105 votes. Recognized as a stronghold of the Trinamool Congress in south Kolkata, Bhabanipur became one of the most closely watched contests during the 2026 West Bengal Assembly elections.
In the 2026 elections, the BJP won 207 seats, while the Trinamool Congress secured 80 seats, according to the Election Commission.
