WB Polls: PIL In Calcutta High Court Challenges Alleged List Of 'Troublemakers' By ECI To Detain TMC's Political Workers

The Calcutta High Court has been moved with a public interest litigation alleging that the Election Commission of India has secretly prepared and circulated a list of so-called “trouble makers” across West Bengal, with directions to identify and arrest or preventively detain such persons before polling in the 2026 Assembly elections.

The petition, filed by advocate Md. Danish Farooqui, claims the alleged list predominantly contains workers, office-bearers and elected representatives associated with the ruling All India Trinamool Congress. It contends that any such arrests, without specific criminal cases or lawful grounds, would amount to a direct assault on personal liberty and the democratic process.

According to the plea, after the Election Commission announced the West Bengal Assembly election schedule on March 15, 2026, the Model Code of Conduct came into force, and the Commission assumed control over the administrative and police machinery for conduct of elections. The petitioner alleges that, thereafter there were large-scale transfers of civil servants and police officers, and deployment of numerous General Observers and Police Observers from outside the State.

The PIL further states that the petitioner learnt from “credible, trustworthy and independent sources” that a confidential district-wise list had been prepared and shared among observers. It is alleged that accompanying the list was an instruction to ensure persons named therein are located and arrested or detained before polling in their respective constituencies.

The petition reproduces an extensive district-wise list naming hundreds of persons across districts including Kolkata, North and South 24 Parganas, Howrah, Hooghly, Murshidabad, Nadia, Purba Medinipur, Paschim Medinipur, Coochbehar, Malda, Birbhum and others. Several names identified in the petition include sitting MLAs, former MPs, local body members and political functionaries.

Challenging the legality of the alleged exercise, the petitioner argues that while Article 324 of the Constitution vests the Election Commission with powers of superintendence, direction and control of elections, it does not confer authority to order arrests or detentions.

“The power to arrest is not a constitutional power vested in the Commission. Rather, it is a statutory function that resides entirely with the police authorities under the Code of Criminal Procedure,” the plea states.

It adds that any attempt by the Commission to facilitate arrests would be ultra vires, unconstitutional and a dangerous overreach.

The plea states that arbitrary detention of political workers during elections would also unlawfully prevent them from voting, campaigning and participating in the democratic process.

Thus, the PIL seeks directions to withdraw, rescind and cancel the alleged list of persons prepared for arrest/detention; produce records relating to the preparation of the list; restrain authorities from acting on the list or arresting persons named therein and declare that no person can be arrested without reasonable and judicially reviewable grounds and due process of law.

An urgent interim order has also been sought to prevent any coercive action pending the disposal of the petition.

Case Details: Md. Danish Farooqui v. Election Commission of India & Ors.