WPA(P)/110/2026 of SANDIP KUILA Vs THE ELECTION COMMISSION OF INDIA AND ORS. on 3 July 2026

July 3, 2026 Sl. No.9 Court No.1 s.biswas

WPA(P) 110 of 2026

Sandip Kuila vs. The Election Commission of India and others Mr. Sandip Kuila ... the petitioner (in person) Ms. Anamika Pandey ... for the ECI Ms. Amrita Pandey ... for the Union of India Mr. Ajit Kumar Mishra Mr. Gopal Krishna Sarkar Mr. Milind Mohul Ghosh ... for the State

The present Public Interest Litigation writ petition has been preferred inter alia praying for issuance of necessary direction upon the respondents to discharge their public duties and ‘to direct the political parties to deposit the charges for the security arrangement of huge numbers of members of political parties, mainly the Bharatiya Janata Party and the All India Trinamool Congress, as they are enjoying central and state police protection respectively during their political activities’ and ‘to treat all individuals, including politicians, having threat perception and need for security arrangements, on the same evaluation parameter, so as to avoid inequality, bias, nepotism and arbitrariness’.

Mr. Sandip Kuila, the petitioner appearing in person submits that the fundamental and other valuable rights of the petitioner as well as other similarly placed persons are being infringed. As a social activist he has preferred the present writ petition to avail protection of persons similarly situated with him, who are jobless, idle and have no means to earn their livelihood. Such grievance was ventilated to the authorities by a representation dated 15th February, 2026, but no steps have been taken. Drawing our attention to a memo dated 10th February, 2025, the petitioner submits that a detailed representation submitted by him regarding his security arrangements was responded to by the Deputy Secretary to the Government of India, Ministry of Home Affairs vide memo dated 20th January, 2025 and referred to the Assistant Secretary to the Government of West Bengal, Home and Hill Affairs Department, who in turn vide memo dated 10th February, communicated the issue to the Director General and Inspector General of Police, West Bengal but still there had been no response from the concerned authorities. We have heard Mr. Kuila and considered the materials on record. In the writ petition several issues have been clubbed together alleging lack of security of the public at large, police sponsored extortion, misuse of State fund and diversion of statutory resources for political purpose. The petition involves disputed questions of fact and travelling into the area to adjudicate such factual dispute would be a wrongful exercise of public interest jurisdiction. The petitioner has also alleged that his fundamental rights have been infringed and he had been deprived of his source of livelihood. In the said conspectus, it cannot be ruled out that the petitioner has a private interest. For the reasons discussed above, we are unable to grant the relief as prayed for and the writ petition is, accordingly, dismissed. There shall, however, be no order as to costs. It is made clear that such dismissal will not prevent the petitioner from approaching the appropriate forum, if so advised.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, A.C.J.)