Suvendu Adhikari gets relief as Calcutta HC dismisses plea to cancel candidature, cites lack of legal basis

The Calcutta High Court on Monday dismissed a public interest litigation seeking the cancellation of the candidature of Suvendu Adhikari, providing significant relief to the Leader of Opposition ahead of the ongoing elections. The division bench, led by Chief Justice Sujoy Paul, ruled that the petition was not maintainable as the petitioner failed to establish any clear constitutional basis for the plea.

The petition had alleged that Adhikari made objectionable and provocative remarks during public meetings held on April 3 in Bhabanipur and Medinipur. According to the petitioner, statements such as “Down with secularism, down with atheism” and “I am an MLA of Hindus; it is Hindus who have elected me” were in violation of the election code of conduct and warranted cancellation of his candidature. It was further argued that such remarks by a politically responsible figure could adversely impact public sentiment.

During the hearing, the bench, which also included Justice Partha Sarathi Sen, repeatedly asked the petitioner’s counsel to specify the constitutional provisions under which the plea had been filed and the legal grounds for judicial intervention. However, the counsel was unable to provide a satisfactory explanation, prompting the court to question the maintainability of the petition.

The court observed that allegations alone are insufficient without a clear legal framework to support them. Emphasising the need for a defined constitutional or statutory basis, the bench dismissed the PIL, effectively rejecting the demand to cancel Adhikari’s candidature. The ruling underscores the judiciary’s stance on requiring substantive legal grounds in election-related challenges.

The development comes at a crucial time in the election cycle, with Adhikari contesting from two constituencies. Voting has already been completed in Nandigram during the first phase, while polling in Bhabanipur is scheduled for April 29, where he is set to face Chief Minister Mamata Banerjee. The court’s decision is expected to influence the political narrative in the run-up to the remaining phases of polling.