An application before the Supreme Court challenges Mamata Banerjee’s personal appearance in the SIR case, calling it constitutionally improper and legally untenable, raising questions over judicial propriety and executive boundaries. She had urged intervention against flaws in roll revisions.
NEW DELHI: An application has been submitted to the Supreme Court claiming that West Bengal Chief Minister Mamata Banerjee’s personal appearance in the Special Intensive Revision (SIR) case was “constitutionally improper” and “legally untenable.”
On February 4, Banerjee became the first serving Chief Minister to personally argue a case in the Supreme Court. During her argument, she called on the court to intervene in the ongoing SIR of electoral rolls in West Bengal, alleging that the process was undermining democracy and unfairly targeting the state and its residents.
A bench consisting of Chief Justice Surya Kant , Justices Joymalya Bagchi and Justice N. V. Anjaria is set to hear a series of petitions, including Banerjee’s, regarding the SIR process in the state.
The application was filed by Satish Kumar Aggarwal, former vice president of the Akhil Bharat Hindu Mahasabha. He asserted that the Chief Minister’s personal appearance could create “symbolic pressure” on the judiciary and compromise the integrity of the proceedings.
The petition further contends that this issue is not a personal dispute but directly involves the state. Therefore, it argues that the Chief Minister should have presented her case through attorneys representing the state government instead of appearing personally.
The application states,
“The subject matter of the aforesaid writ petition filed by the petitioner is not a personal or private dispute, but concerns matter of state governance and the constitutional exercise of powers by the Election Commission of India in conducting the Special Intensive Revision (SIR) of electoral rolls in accordance with the Constitution of India and the applicable election laws,”
It further argues that the issues raised have a direct impact on the institutional functioning of West Bengal and its constitutional relationship with the Election Commission.
The petition emphasizes that individuals in significant constitutional roles should refrain from personally appearing in court, as such actions may detract from the dignity of the proceedings and risk personalizing matters of constitutional significance.
The application notes,
“In such circumstances, the petitioner, being the incumbent chief minister, cannot claim to appear in a personal capacity, and any representation before this court must necessarily be through duly appointed advocates representing the state of West Bengal,”
It argues that the state of West Bengal is adequately represented by its appointed counsel in this matter, negating the need for Banerjee’s personal appearance in such proceedings.
It asserts,
“The applicant respectfully submits that such personal appearance by a sitting chief minister is constitutionally improper, institutionally undesirable, and legally untenable, as it runs contrary to settled judicial conventions, established court practice, and principles of judicial discipline, particularly in proceedings where professional legal representation is already in place,”
The petition also questions whether Mamata Banerjee has the right to file a petition under Article 32 of the Constitution in this instance, given that it does not involve a violation of any of her fundamental rights.
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Amid the controversy over the Special Intensive Revision (SIR) of electoral rolls in poll-bound West Bengal, Chief Minister Mamata Banerjee personally appeared before the Supreme Court on 4th of February, where the SIR matter is scheduled for hearing.
Previously, the Supreme Court instructed the Election Commission of India to publish the names of voters listed under the “Logical Discrepancy” category during the Special Intensive Revision of voter rolls in Tamil Nadu.
Earlier, a bench led by Chief Justice of India Surya Kant issued this directive while considering a series of petitions that challenged the SIR process in Tamil Nadu, citing procedural irregularities.
The Court stated that the names must be displayed at gram panchayat bhawans, taluka offices in every subdivision, and urban ward offices. Individuals listed can submit supporting documents within 10 days of the display, either in person or through authorized representatives. The list must also provide brief explanations for the discrepancies.
Moreover, the Supreme Court had instructed all district collectors to adhere to the Election Commission’s directives and to ensure sufficient personnel are deployed for the effective execution of the SIR process.
Mamata Banerjee, accompanied by Trinamool Congress (TMC) National General Secretary Abhishek Banerjee, party MP Kalyan Banerjee, and others, met with Chief Election Commissioner Gyanesh Kumar in New Delhi on Monday.
On February 4, the Supreme Court issued notices and requested responses by February 9 from the Election Commission and the chief electoral officer of West Bengal regarding Banerjee’s petition.
On January 19, the Supreme Court issued several directives, emphasizing that the SIR process in West Bengal should be transparent and avoid causing any inconvenience.