"Cannot allow choice of High Court:" Supreme Court refuses to entertain Suvendu Adhikari transfer petition

The Supreme Court of India on Friday refused to entertain the petition filed Bharatiya Janata Party (BJP) Leader of Opposition in West Bengal Suvendu Adhikari seeking the transfer of an election petition filed by Chief Minister Mamata Banerjee. [Suvendu Adhikari v. Mamata Banerjee].The Bench of Justices DY Chandrachud and Hima Kohli stated that it cannot permit Adhikari to choose the forum of litigation."We can't allow choice of High Court. Learned judge (in Calcutta High Court) can direct the Chief Justice (of the High Court) to note the factors affecting trial," Justice Chandrachud said..Adhikari had defeated Mamata Banerjee by 1,956 votes in the assembly election held for the Nandigram constituency in 2021. The election results were shrouded in controversy as initial media reports said that Banerjee had emerged victorious.Banerjee then filed an election petition before the Calcutta High Court in June 2021, requesting that the election of Adhikari from Nandigram be declared null and illegal.Adhikari then approached the Supreme Court seeking transfer of the election petition out of West Bengal..Adhikari highlighted that the election petition was initially being heard by Justice Kausik Chanda who proceeded to recuse from the matter on July 7 after Banerjee objected to his hearing the matter.Justice Chanda was an active member of the BJP before he became a judge of the Calcutta High Court. He had also served as Additional Solicitor General for the BJP government before he was elevated to the Bench.Banerjee had, therefore, written to then Acting Chief Justice Rajesh Bindal seeking reassignment of the case, eventually prompting Justice Chanda's recusal.In his plea before the Supreme Court, Adhikari cited the observations made by Justice Chanda in his July 7 order regarding the attack on the judiciary in the State, as a ground to seek transfer of the petition from the Calcutta High Court..When the case was taken up for hearing on Friday, Senior Advocate Harish Salve, appearing for Adhikari, highlighted Justice Chanda's recusal.Salve emphasised that a judge hearing a case had to recuse himself after the Chief Minister revealed in a letter that he had previously been a member of the BJP legal cell.The Court, however, said that this could not be the basis to seek transfer, and that the case would have to be heard by the Calcutta High Court. It underlined that even challenges to the election of former Prime Ministers were heard by the Allahabad High Court, and said that Adhikari and witnesses in the matter could be provided security."That is not basis for us to transfer. It has to be heard by Calcutta High Court. Elections of former PMs have been challenged. Allahabad High Court heard," it said..Salve thereafter sought the Court's permission to withdraw the petition and move a plea before the Chief Justice of the Calcutta High Court highlighting his grievances.The Court granted him permission for the same and stated that if any directions were needed for conducting the trial in an orderly manner, the petitioner could move a plea before the Chief Justice of the High Court..[Read order]