Calcutta HC Declines PIL Seeking New Process For Scrutinising Poll Candidates, Alleging 'Foreigners' Were Participating In Bengal Elections

The Calcutta High Court has dismissed a public interest litigation seeking a new process for the scrutiny of candidates contesting the Bengal elections. The plea further alleged that foreigners were illegally obtaining Indian citizenship to participate in the state elections and manipulate the results.

In dismissing the plea, a division bench of Chief Justice TS Sivagnanam and Justice C. Chatterjee (Das) held:

"As rightly pointed out by the learned advocate appearing for the Election Commission of India there are sufficient checks and balances in the process adopted by the Election Commission of India while scrutinising the nomination. In the event a complaint is received in full form, the same will obviously be enquired. Thus, considering the role of the Election Commission of India and the prayer sought for, we are of the view that such new procedure cannot be directed to be put in place by a writ court by directing authorities to frame regulation."

The petitioner sought for a direction upon the Election Commission of India, for allegedly failing to conduct complete citizenship verification, as full proof of citizenship and claimed that thorough verification of citizenship are mandatory for elected candidates.

Further, he raised the issue of foreign nationals illegally obtaining Indian citizenship and participating in the electoral process is particularly relevant to the upcoming West Bengal Legislative Assembly Election expected to be held between March and April, 2026 to elect all 294 seats in West Bengal.

It was stated that so far as the role of the Election Commission of India is concerned, it assumes jurisdiction as and when election is notified and if a candidate files a nomination under the provisions of the Act and the various Rules and the Regulations framed thereunder, the verification of the details will be done.

The petitioner thus sought a new process to be put in place which tantamount to a legislative exercise which a court cannot do in exercise of its power under Article 226 of the Constitution of India.

However, in holding that the processes put in place by the election commission were fit for the purpose, the court dismissed the plea with liberty to the petitioner to approach the election commission in case of any grievances.

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