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The Calcutta High Court has sought the West Bengal government's response to a Public Interest Litigation alleging that the police used fraudulently issued stamp papers to force Trinamool Congress (TMC) workers and members of the public to sign affidavits supporting a rival faction in a dispute pending before the Election Commission of India (ECI).

A division bench of Chief Justice Ravindra Vithalrao Ghuge and Justice Md. Shabbar Rashidi, on October 20, directed the State government to file its affidavit-in-opposition along with specific objections to the maintainability of the PIL.

The Court clarified that it would consider the maintainability of the petition first and take up the other issues for adjudication only if the PIL is held to be maintainable.

The State government opposed the petition's maintainability, relying on the Supreme Court's judgment in State of Jharkhand v. Shiv Shankar Sharma, reported in (2022) 19 SCC 626.

The bench permitted the State to file its affidavit-in-opposition by November 20, 2026, with a copy to be supplied to the petitioner's counsel within 24 hours. The petitioner may file a rejoinder by November 30.

The matter has been listed in the urgent admission category on December 11, 2026.

Allegations in the PIL

The PIL has been filed by Surajit Mondal, who has alleged that the State's administrative and police machinery is being misused to favour a political faction led by Respondent No. 15 in Dispute Case No. 1 of 2026 pending before the ECI.

According to the petition, the Supreme Court had directed the parties to the dispute to file their pleadings and affidavits before the ECI. The petitioner alleges that, in a concerted effort to manufacture support for one faction, unwritten and unlawful directions were issued by senior State government officials to District Magistrates, Sub-Registry offices and stamp vendors to issue approximately 25,000 stamp papers of Rs. 10 and Rs. 20 denominations without making entries in the statutory registers.

The petition further alleges that these stamp papers were handed over to local police personnel, particularly the officers arrayed as Respondents Nos. 11 to 14, who allegedly used their official positions and coercive powers to obtain signatures from TMC workers and members of the public on affidavits supporting the faction in question.

The petitioner has claimed that the alleged actions violate the Indian Stamp Act, 1899, undermine the rule of law and interfere with proceedings before a constitutional body. The PIL also states that representations were made to the concerned authorities against the alleged acts but did not yield any result.

The petitioner has sought the High Court's intervention to stop the alleged practice, direct an independent inquiry and protect the integrity of the democratic process.

The allegations have not yet been adjudicated by the Court. At the October 20 hearing, the bench did not examine their merits and confined its directions to the State government's objections regarding maintainability.

Case: Surajit Mondal v. State of West Bengal & Ors.

Case No.: WPA(P) 506 of 2026

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