In a significant development ahead of polling, the Calcutta High Court on April 28, 2026, disposed of a public interest litigation (PIL) challenging a controversial memo issued by the Election Commission of India (ECI), after noting that the impugned communication had already been withdrawn.
Background of the Case
The petition, filed by Md. Danish Farooqui, questioned a memo dated April 27, 2026, issued by the office of the Chief Electoral Officer, West Bengal. The memo directed police authorities to take preventive steps against individuals allegedly involved in voter intimidation, including those listed in annexures described as “trouble-makers.”
The petitioner argued that such directions could lead to arbitrary arrests and violate constitutional safeguards, particularly personal liberty and due process. It was also contended that the memo contradicted an earlier interim order passed by the High Court in a related matter, which had stayed similar directions issued on April 21, 2026.
Senior Advocate Kalyan Bandyopadhyay, appearing for the petitioner, submitted that the April 27 memo effectively bypassed the court’s earlier order and created scope for coercive action without proper legal basis. He stressed that preventive detention is a serious measure and must be exercised with caution.
On the other hand, counsel for the ECI informed the bench that the impugned memo had already been withdrawn on the same day it was issued. He maintained that the Commission had acted in line with the court’s earlier clarification and emphasized that the withdrawal rendered the petition unnecessary.
The State’s Advocate General raised concerns about the scope of the ECI’s authority, particularly in matters relating to law and order, which fall within the State’s domain.
The bench, comprising Justice Arijit Banerjee and Justice Partha Sarathi Sen, noted that since the challenged memo had been withdrawn, the core issue no longer survived.
“The writ petition has become substantially infructuous,” the court observed, adding that there was no need to examine the merits of the challenge further.
However, the court underscored the importance of fairness in the electoral process. It stated that the ECI, being a constitutional authority, is expected to act “fairly, efficiently, impartially without any bias, political or otherwise and strictly in accordance with law.”
The bench also highlighted that authorities must exercise restraint in matters of arrest and preventive detention, observing that such actions should be taken only when absolutely necessary and strictly in accordance with legal procedure.
Concluding that no effective relief remained to be granted, the Calcutta High Court disposed of the writ petition. It refrained from passing any further directions, noting that the withdrawal of the impugned memo had resolved the immediate grievance.
Case Details:
Case Title: Md. Danish Farooqui vs Election Commission of India & Ors.
Case Number: WPA (P) 209 of 2026
Judge: Justice Arijit Banerjee & Justice Partha Sarathi Sen
Decision Date: April 28, 2026
