Calcutta HC declines to entertain PIL on foreign nationals 'illegally' participating in Bengal elections

Kolkata, April 14 (IANS) The Calcutta High Court has refused to entertain a public interest litigation (PIL) alleging that the Election Commission of India (ECI) is failing to conduct complete citizenship verification for elected candidates in West Bengal.

A bench of Chief Justice T. S. Sivagnanam and Justice Chaitali Chatterjee (Das) took note of the ECI’s submission that there are sufficient checks and balances in the process adopted by the poll body while scrutinising the nomination and in the event a complaint is received in full form, the same will obviously be enquired.

The CJ Sivagnanam-led Bench said the ECI assumes jurisdiction as and when an election is notified, and if a candidate files a nomination under the provisions of the Representation of the People Act and the various Rules and Regulations framed thereunder, the verification of the details will be done.

"Considering the role of the Election Commission of India and the prayer sought for, we are of the view that such a new procedure cannot be directed to be put in place by a writ court by directing authorities to frame a regulation," the bench said.

The PIL litigant contended that the issue of foreign nationals illegally obtaining Indian citizenship and participating in the electoral process is particularly relevant to the upcoming West Bengal Assembly elections expected to be held between March and April 2026.

However, the CJ Sivagnanam-led Bench, in its order, said that it will be well open to any citizen to raise any objection with regard to the validity of the nomination of the candidate to offer any election either to the Parliamentary or to the Assembly constituencies.

Disposing of the matter, it said that the petitioner sought a new process to be put in place, which is tantamount to a legislative exercise which a court cannot do in the exercise of its powers under the Constitution.

--IANS

pds/vd