"PIL Not Genuine": Calcutta High Court Dismisses Plea Claiming Illegal Immigrants From Bangladesh Included In Indian Voters List

The Calcutta High Court has dismissed a PIL challenging the inclusion of certain alleged ‘illegal immigrants’ from Bangladesh, residing in Bagdah, North 24 parganas in Indian voters' list published by the Election Commission of India.

In dismissing the PIL, a division-bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya held:

“This is not a genuine PIL, because petitioner has certain private grievances against the private respondents regarding immovable property, which is subject matter of a criminal case, which is pending. In light of the above we are not convinced that the present petition is a PIL. Another prayer is for deletion of private respondents from the voter list, alleging that they are Bangladeshi nationals. However, this prayer cannot be granted at this stage because the [panchayat] elections are already concluded after voter list having being drawn up. Petitioner will have liberty to approach the appropriate forum.”

Petitioner argued that the private respondents were allegedly ‘illegal immigrants’ who had immigrated from Bangladesh to Bagdah in West Bengal, and had unauthorisedly enlisted their names in the Indian voters' list, even after being on the Bangladeshi electoral roll.

Petitioner argued that he had approached the jurisdictional police station, State election commission, Election Commission of India, as well as the Ministry of Home Affairs (“MHA”), but to no avail.

Accordingly, petitioner sought directions upon the SEC, ECI and MHA to re-look at the voters' list in order to expunge the private respondents from it, due to their citizenship status.

State counsel argued that the dispute was of private nature, and that the PIL was not genuine, because the petitioner had filed a criminal complaint against the private respondents over a land dispute in 2019, and the present writ petition was a continuance of the same.

The State Election Commission argued that the impugned voters' list had been drawn up in 2022, and that the petitioner had failed to implead relevant authorities, due to which the PIL ought to be dismissed.

Upon hearing arguments of the parties, the Court was of the opinion, that the present petition was not a genuine PIL, and it was accordingly dismissed due to non-arraignment of relevant parties.

Coram: Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya

Case: Birendra Nath Mondal Vs State Of West Bengal And Ors

Citation: 2023 LiveLaw (Cal) 260