The Calcutta High Court recently dismissed a public interest litigation (PIL) petition that alleged ‘illegal Bangladeshi immigrants’ had fraudulently managed to include their names in the Indian voters’ list recently published by the Election Commission of India (ECI).
A Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya concluded that the PIL lacked ‘genuineness’ due to the petitioner’s prior filing of a criminal case against some of the private individuals mentioned as respondents in the PIL back in 2019.
The court stated, “This is not a genuine PIL since the petitioner has certain private grievances against private persons regarding an immovable property. He has filed a criminal case which has culminated into a chargesheet. Therefore, we are of the considered view that this is not a PIL,” according to the order.
Furthermore, the Court asserted that it could not entertain the request to remove the names of private individuals from the voters’ list, alleging them to be Bangladeshi citizens who entered West Bengal illegally.
“Such a prayer cannot be made at this stage, as the voters’ list was published way back in November 2022 for the Panchayat elections, which have recently concluded,” opined the Court.
The plea contended that “illegal immigrants” from Bangladesh had entered India via the Bagdah village in North 24 Parganas district and deceitfully included their names in the Indian voters’ list.
The petitioner claimed to have made several representations to the West Bengal State Election Commission (WBSEC), the Election Commission of India (ECI), and the Union Ministry of Home Affairs (MHA) regarding the matter.
However, the Court observed that the petitioner had not included the MHA as a party respondent to his PIL, only naming the Inspector General of the Border Security Force (BSF) as a respondent.
“Elections are over. Now BSF has no role here in this State. They had come here on orders of the court. The deployment has been now withdrawn,” the Court added while dismissing the PIL.
