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Calcutta HC stays EC order against 800 ‘troublemakers’ list ahead of Bengal polls
Calcutta HC stays EC’s directive on 800 ‘troublemakers’ ahead of Bengal polls, says preventive action must follow due process of law
A Public Interest Litigation (PIL) was filed in the Calcutta high court, accusing the poll panel of preparing a list of Trinamool Congress (TMC) leaders and workers to be arrested after the Election Commission’s directive to the state’s director general of police to take preventive action against around 800 alleged “troublemakers” ahead of the West Bengal assembly elections triggered a row.
A division bench of chief justice of Calcutta high court Sujoy Paul and justice Partha Sarathi Sen, however, put an interim stay on the EC order on Wednesday and said that for exercising the power of preventive action, the authorities would have to proceed strictly in accordance with relevant detention law.
“It has been observed from various quarters that the persons whose names are mentioned in the enclosed list are actively involved in intimidating voters and creating disturbance in the electoral process in the respective assembly constituencies and police stations. You are requested to kindly issue directions to concerned officers to take immediate suitable preventive actions against all such persons after due diligence and in accordance with law,” a letter sent by the police observer in the Chief Electoral Officer’s (CEO) office to the DGP on Tuesday said.
The PIL was filed by advocate Md Danish Farooqui, who was represented by TMC lawmaker and senior advocate Kalyan Bandyopadhyay.
“ECI has no authority, jurisdiction or power to call certain persons ‘trouble-makers’ and issue direction to the police authorities to take steps against them,” Bandyopadhyay told the court.
The Calcutta high court was told that a list of around 800 names was prepared and sent to the state’s DGP to take preventive action. “It is submitted that the list enclosed contains the names of about 800 persons and many of these persons are elected representatives such as councillors, members of panchayat bodies and municipalities, MLAs and MPs,” the court order said.
The ruling TMC government has accused the poll panel of being biased towards the BJP in the coming assembly polls.
Kishore Datta, advocate general of the state, said that “troublemaker” is not defined in any penal law and, therefore, by treating certain citizens as “troublemaker”, no blanket direction can be issued.
“The whole endeavour of ECI is to ensure free, fair and peaceful elections. In order to do the same, concerned police authorities are reminded of their duties. The ECI has not directed the police authorities to do something without following due recourse of law,” DS Naidu, senior advocate representing the ECI, told the court.
“In our prima facie view the police observer in the office of CEO of West Bengal has erred in issuing blanket direction by treating certain citizens as ‘trouble-makers’. As an interim measure, we deem it proper to stay the effect and operation of the impugned order dated April 21 till the last day of June, 2026 or till further order whichever is earlier,” the court order said.
Meanwhile, the poll panel also modified its earlier order imposing restrictions on the movement of two-wheelers, while allowing service providers such as Ola, Uber, Zomato, Swiggy, other home delivery agencies and office-goers carrying proper identity cards.
The poll panel had banned the use of motorcycles in West Bengal between 6 pm and 6 am two days before every phase of polling.
The EC on Tuesday had also sought certificates from all the police stations where elections are scheduled in phase 1, confirming that no outsiders were present in their areas.
“Technically even tourists and relatives are not allowed to stay in any constituency which is going to polls in the next 48 hours,” said a senior EC official.
