Calcutta High Court Grants Interim Stay on EC Order Naming 800 as Troublemakers
The Calcutta High Court on Wednesday issued an interim stay on an Election Commission (EC) order that designated 800 individuals as "troublemakers" until June 30, 2026. The court observed that the EC "erred" in issuing a blanket direction by treating citizens as "troublemakers," emphasizing the need for a more nuanced approach.
Court's Observations on EC Powers and Personal Liberty
A division bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen clarified that the interim stay does not prevent police from taking action against any person on the list who commits an offence under laws such as the Bharatiya Nyaya Sanhita (BNS), Representation of the People Act, or other penal statutes. The bench reiterated a Supreme Court order, stating, "The general power of superintendence and control of EC under Article 324 is subject to other law."
Senior advocate Kalyan Banerjee, representing the petitioner, argued that no citizen can be deprived of their right to personal liberty under Article 21 of the Constitution. He also cited Article 324, contending that the EC does not possess unbridled powers to issue such directives without proper legal recourse.
Background of the PIL and EC's Defense
The Public Interest Litigation (PIL) was filed challenging a police observer order dated April 21, which claimed that the named individuals were "actively involved in intimidating voters and creating disturbances in the electoral process." Among the 800 names listed are elected representatives, including councillors, panchayat members, MLAs, and MPs. Specific names mentioned in the PIL include Biswajit Poddar alias Sona Pappu and Swarup Biswas from the Rashbehari assembly constituency, Kajol Sk from Suri, and Paresh Chandra Adhikari from Cooch Behar.
Senior advocate DS Naidu, appearing for the EC, defended the commission's actions, stating that the EC strives to ensure free, fair, and peaceful elections. He submitted that the April 21 memo was intended to remind police of their duties and did not direct them to act without following due process of law. Naidu also indicated that the EC would file a counter affidavit regarding its competence to issue such directions.
Implications and Next Steps
The court's decision highlights ongoing tensions between electoral oversight and individual rights. By granting the interim stay, the Calcutta High Court has temporarily halted the EC's blanket labeling, pending further legal proceedings. This case underscores the importance of balancing election security with constitutional safeguards, as the EC continues its efforts to maintain electoral integrity while respecting legal boundaries.
