Finding no fault with the Election Commission's process to conduct complete citizenship verification, the Calcutta High Court has refused to entertain allegations of foreign nationals illegally participating in the West Bengal Legislative Assembly Election.

The High Court was considering a public interest litigation where the petitioner sought a direction upon the Election Commission of India in light of the allegation that the Commission was fully responsible for failing to conduct complete citizenship verification as full proof of citizenship.

The Petitioner also raised allegations of foreign nationals illegally obtaining Indian citizenship and participating in the electoral process, particularly relating to the upcoming West Bengal Legislative Assembly Election expected to be held between March and April 2026 to elect all 294 seats in West Bengal.

The Division Bench comprising Chief Justice T. S. Sivagnanam and Justice Chaitali Chatterjee (Das) said, “As rightly pointed out by the learned advocate appearing for the Election Commission of India there are sufficient checks and balances in the process adopted by the Election Commission of India while scrutinising the nomination. In the event a complaint is received in full form, the same will obviously be enquired.”

Advocate Sabyasachi Chatterjee represented the Petitioner, while Additional Solicitor General Ashok Chakraborti represented the Respondents.

Reasoning

The Bench, at the outset, said, “So far as the role of the Election Commission of India is concerned, it assumes jurisdiction as and when election is notified and if a candidate files a nomination under the provisions of the Act and the various Rules and the Regulations framed thereunder, the verification of the details will be done.”

Noting that the Petitioner sought a new process to be put in place, the Bench held that the same would tantamount to a legislative exercise, which a Court cannot do in exercise of its power under Article 226 of the Constitution of India.

The High Court affirmed the submission of the Election Commission of India that there are sufficient checks and balances in the process adopted by the Election Commission.

The Court thus disposed of the matter by saying, “However, it will be well open to any citizens 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.”

Cause Title: Manik Fakir @ Manik Mondal v. Union of India and Ors. ( Case No.: WPA(P)/85/2025)

Appearance:

Petitioner: Advocates Sabyasachi Chatterjee, Omar Faruk Gazi, Susmita Das, Ayasha Najrin

Respondents: Additional Solicitor General Ashok Chakraborti, Advocates Nilotpal Chatterjee, Amrita Lal Chatterjee, Atarup Banerjee, Rini Bhattacharyya, Sonal Sinha, Shabnam Farooqi, Anuran Samanta

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Calcutta High CourtJustice TS SivagnanamJustice Chaitali Chatterjee (Das)

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.