Calcutta High Court Dismisses PIL Seeking New Citizenship Verification Process for Election Candidates [Read Order]

Kolkata: The Calcutta High Court has dismissed a public interest litigation (PIL) that sought directions for enhanced citizenship verification of election candidates, emphasizing that courts cannot mandate new legislative procedures under Article 226 of the Constitution.

Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) made significant observations regarding the role of the Election Commission and the existing electoral verification process.

The court addressed a writ petition filed by Manik Fakir @ Manik Mondal. The petition sought directions to the respondents, particularly the Election Commission of India, holding it responsible for failing to conduct complete citizenship verification, asserting that thorough and foolproof verification of citizenship is mandatory for elected candidates.

The petition raised concerns about “foreign nationals illegally obtaining Indian citizenship and participating in the electoral process,” particularly in relation to the upcoming West Bengal Legislative Assembly Election, expected between March and April 2026, to elect all 294 seats.

The court observed that the Election Commission of India “assumes jurisdiction as and when an election is notified” and that verification of candidate details occurs when nominations are filed under the provisions of the relevant Acts, Rules, and Regulations.

In its ruling, the court noted, “The petitioner now seeks a new process to be put in place which tantamounts to a legislative exercise, which a court cannot undertake in the exercise of its powers under Article 226 of the Constitution of India.”

The court acknowledged that “there are sufficient checks and balances in the process adopted by the Election Commission of India while scrutinising the nominations,” and that complaints received “in full form” would be properly investigated.

While dismissing the petition, the court clarified that “it will be well open to any citizen to raise any objection with regard to the validity of the nomination of a candidate contesting any election, either to the Parliamentary or the Assembly Constituencies.”

Mr. Sabyasachi Chatterjee, Mr. Omar Faruk Gazi, Ms. Susmita Das, and Ms. Ayasha Najrin, Advocates, appeared for the petitioner, whereas Mr. Ashok Chakraborti, learned ASGI, represented the Union of India.

Case Title: Manik Fakir @ Manik Mondal vs. Union of India and Ors

[Read Order]