The Calcutta High Court disposed of a public interest litigation challenging a Memo dated April 27, 2026 issued by the office of the Chief Electoral Officer, West Bengal, after noting that the Election Commission of India (ECI) had withdrawn the impugned communication. The Court held that in view of such withdrawal, “nothing remains” in the writ petition and it had become “substantially infructuous.”
The petition assailed the Memo and the accompanying “worry list” of alleged troublemakers, contending that it enabled coercive preventive action, including arrest and detention, without adherence to due process and in violation of fundamental rights. It was also argued that the Memo ran contrary to an earlier interim order of the High Court staying a similar directive identifying individuals as “troublemakers.”
During the hearing, the ECI submitted that the impugned Memo had already been withdrawn by a subsequent communication of the same date. Accepting this submission, the Division Bench declined to adjudicate the matter on merits.
However, the Court recorded its expectation that the ECI, as a constitutional authority, and its officers would discharge their duties fairly, impartially, and strictly in accordance with law. It emphasised that elections must be conducted in a free, fair and peaceful manner, ensuring that voters can exercise their franchise without fear or intimidation.
The Court further observed that preventive detention or arrest should be resorted to only when absolutely necessary and strictly in accordance with law, underscoring the paramount importance of personal liberty under Article 21 of the Constitution. Accordingly, the writ petition was disposed of as infructuous.
Appearances:
For the Petitioner: Mr. Kalyan Bandyopadhyay, Sr. Adv.; Mr. Rahul Kumar Singh; Mr. Niket Ojha; Mr. Ratikanta Pal; Ms. Deshma Ghosh
For the Election Commission of India: Mr. Jishnu Chowdhury, Sr. Adv.; Ms. Anamika Pandey; Ms. Sanskriti Agarwal; Mr. Arjun Kumar Ray
For the State: Mr. Kishore Datta, Ld. Adv. General; Mr. Lalit Mohan Mahata; Mr. Swapan Banerjee, Ld. A.G.P.; Ms. Sumita Shaw; Mr. Diptendu Narayan Banerjee; Mr. Soumen Chatterjee
