Justice Kant of the Calcutta High Court, while hearing the Bhabanipur assembly election petition, disclosed that his brother is a member of the Bharatiya Janata Party (BJP). The revelation came during proceedings on Tuesday, prompting the judge to order the preservation of all electronic voting machines (EVMs) and CCTV footage from the constituency.
Disclosure of Potential Conflict of Interest
Justice Kant stated in open court that his brother had joined the BJP in 2021, emphasizing that this would not influence his judicial conduct. He invited both parties to raise any objections but proceeded after none were made. The case involves a challenge to the election of West Bengal Chief Minister Mamata Banerjee from the Bhabanipur seat in a 2021 bypoll.
Order to Preserve Evidence
The court directed the Election Commission to preserve all EVMs, including control units and ballot units used in all 277 polling booths of Bhabanipur, as well as all VVPAT machines used in the constituency. Additionally, CCTV footage from polling stations must be kept intact until further orders. The petitioner, BJP leader Priyanka Tibrewal, had alleged irregularities in the vote counting process.
Background of the Case
The Bhabanipur bypoll, held on September 30, 2021, saw Mamata Banerjee defeat Tibrewal by a margin of over 58,000 votes. The BJP challenged the result, claiming discrepancies in the counting of postal ballots and EVM malfunctions. Justice Kant's order aims to ensure transparency and preserve evidence for the ongoing hearing.
