The Calcutta High Court on Wednesday stayed an order issued by Election Commission officials to the police in West Bengal to take preventive action against “troublemakers” ahead of the upcoming Assembly elections in the state, Bar and Bench reported.

The police observer in the office of the chief election officer had “erred in issuing a blanket direction by treating certain citizens as troublemakers”, the Hindustan Times quoted a bench of Chief justice Sujoy Paul and Justice Partha Sarathi Sen as saying.

Advertisement

The judges stayed the order till June 30.

The matter pertained to an alleged order, titled “Preventive action against persons involved in voter intimidation”, issued by the police observer in the CEO office to the state director general of police on April 21, the newspaper reported.

The order allegedly had a list of “troublemakers”, and had claimed that they were involved in intimidating voters and disturbing the electoral process.

Subsequently, a public interest litigation was filed in the court by an advocate named Mohammed Danish Farooqui, who claimed that he had found out about the list of “troublemakers” from “multiple credible, trustworthy and independent sources”.

Advertisement

The petition claimed the purported list of about 800 persons largely contained the names of workers, office-bearers and elected officials from the ruling Trinamool Congress in the state.

It alleged that the move was aimed at targeting the Trinamool Congress, adding that it could impact the conduct of free and fair elections in the state.

“Not a single ground exists, nor has any been communicated, for the proposed arrest of any of the persons featured in the said list,” Bar and Bench quoted Farooqui as saying. “This action is being taken solely to prevent these individuals from participating in the election process for their party.”

Advertisement

The petitioner contended that any such arrests would amount to a “direct assault on personal liberty and the democratic process”.

The first phase of polling is being held on Thursday and the second on April 29. The votes will be counted on May 4.

The West Bengal Police and the administration are reporting to the Election Commission as the Model Code of Conduct is in force in the state for the polls.

Read Scroll’s coverage of the 2026 West Bengal Assembly elections here.

During the hearing on Wednesday, the petitioner’s counsel said that citizens cannot be deprived of their right to personal liberty except according to the procedure established by law, Bar and Bench reported.

Advertisement

The Election Commission does not have any unbridled powers, the counsel said.

The counsel for the state government also supported the petition, saying that preventive action or detention that curtailed the freedom of a citizen could be taken only in accordance with law.

On the other hand, the Election Commission told the court that endeavour was to ensure free, fair and peaceful elections, the legal news portal reported.

“In order to do the same, concerned police authorities are reminded of their duties,” Bar and Bench quoted the counsel for the poll panel as saying.

Advertisement

The Election Commission has not directed the police to do anything without following due recourse of law, the counsel added.

The bench said that it will consider whether the poll panel, while exercising its powers under Article 324 of the Constitution, could issue such general instructions when election-related offences were already governed under the Bharatiya Nyaya Sanhita and the Representation of the People Act.

Article 324 vests the power of overseeing and conducting national and state elections in an independent Election Commission.

Advertisement

The poll panel was granted four weeks to respond to the petition, Bar and Bench reported. The bench also noted that the stay would not stop authorities from proceeding against any person who commits an offence.

Also read: