Plea in SC claims Mamata Banerjee's appearance in SIR matter 'legally untenable'

New Delhi (PTI): An application has been filed in the Supreme Court alleging that West Bengal Chief Minister Mamata Banerjee's personal appearance in the apex court in the Special Intensive Revision (SIR) matter was "constitutionally improper" and "legally untenable".

On February 4, Banerjee became the first serving chief minister to argue in the top court. She had urged the court to intervene in the ongoing SIR of electoral rolls to "save democracy", alleging that West Bengal was being targeted and its people were being bulldozed.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and N V Anjaria is slated to hear on Monday a batch of pleas, including the one filed by Banerjee, relating to the ongoing SIR exercise in the state.

The application, filed by the former vice president of the Akhil Bharat Hindu Mahasabha, Satish Kumar Aggarwal, has sought to intervene in the petition filed by Banerjee.

The West Bengal chief minister has filed a petition in the apex court against the SIR of electoral rolls in the state.

"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," the application said.

It said the issues raised directly implicate the institutional functioning of West Bengal and its constitutional relationship with the poll panel.

"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," the application said.

It said the state of West Bengal is already adequately represented through its appointed counsel in the matter, and no occasion arises for the personal appearance of Banerjee in proceedings of such nature.

"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," it said.

On February 4, the top court issued notices and sought replies by February 9 from the Election Commission and the chief electoral officer of West Bengal on the petition filed by Banerjee.

On January 19, the top court passed a slew of directions, observing that the SIR process in West Bengal should be transparent and not cause any inconvenience.