Kalyan Banerjee moves Calcutta HC again, questions EC action against 350 ‘troublemakers’

A fresh legal confrontation has emerged ahead of the second phase of the West Bengal Assembly Election 2026, with Trinamool Congress leader and senior lawyer Kalyan Banerjee moving the Calcutta High Court against the Election Commission’s reported action against 350 individuals labelled as “troublemakers.” The development comes despite an earlier court order that had scrapped a similar list, raising serious legal and political questions just hours before polling.

Bringing the matter before Chief Justice Sujoy Paul, Banerjee questioned the authority under which the Commission is proceeding again. He argued that once the court had already declared such a list legally untenable, initiating fresh action against individuals on similar grounds amounts to defying judicial directions. Taking note of the urgency, the Chief Justice permitted the filing of a fresh petition, with a hearing likely to take place on an expedited basis.

The controversy stems from the Commission’s earlier attempt to identify and act against alleged “troublemakers” to ensure peaceful elections. However, during previous hearings, the bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen had observed that powers under Article 324 of the Constitution are not unlimited and cannot be used to justify arbitrary detention without specific legal backing. The court had clearly stated that individuals cannot be deprived of their liberty merely on suspicion or administrative classification.

According to the state and the ruling party, the renewed action could potentially impact hundreds of political workers, with earlier concerns suggesting that nearly 800 individuals might face arrest or preventive detention. The Commission, on the other hand, has maintained in earlier arguments that such steps are necessary within the legal framework to maintain law and order during elections, especially in sensitive constituencies.

With over 1,500 arrests already reported across the state in recent days, the issue has significantly heightened political tensions. As polling approaches, the outcome of this legal challenge is expected to play a crucial role in determining whether the identified individuals remain free or face action. The focus now shifts to the High Court’s forthcoming decision, which will shape the balance between electoral security measures and individual rights.