Calcutta High Court (Appellete Side)
Jahangir Khan vs The State Of West Bengal & Others on 18 May, 2026
Author: Saugata Bhattacharyya
Bench: Saugata Bhattacharyya
18.05.2026
01 Court No. 05
(SL) (Suvendu /Ranajit)
IN THE HIGH COURT AT CALCUTTA
CONsTITUTIONAL WRIT JURIsdICTION
(APPELLATE SIDE)
WPA 11445 of 2026
Jahangir Khan
-Versus -
The State of West Bengal & Others
Mr. Kishore Dutta, Sr. Advocate
Mr. Ayan Bhattacharjee, Sr. Advocate
Mr. Saibal Dasgupta
......for the petitioner
Mr. Dhiraj Trivedi, Sr. Advocate
Mr. Rajdeep Majumder, Sr. Advocate
Mr. Moyukh Mukherjee
Mr. Saibal Acharya
Mr. Swapan Kumar Pal
....for the State respondents
1) Petitioner is contesting West Bengal Assembly Election, 2026 from 144-Falta Assembly Constituency being a candidate of All India Trinamool Congress. Election was held in Falta Assembly Constituency on 29th April, 2026. However, concerned authority of Election Commission of India vide order dated 2nd May, 2026 decided to cancel election held on 29th April, 2026 in Falta Assembly Constituency and to hold repoll in said Constituency on 21st May, 2026 and counting of votes is scheduled on 24th May, 2026.
2) Mr. Kishore Datta, learned Senior Advocate representing the petitioner submits that due to change 2 of political scenario after declaring election result on 4th May, 2026 several criminal prosecutions have been initiated against the petitioner and petitioner apprehends that coercive steps shall be taken against him in connection with pending criminal prosecutions which would infringe petitioner's right to contest election since repoll is declared which is scheduled on 21st May, 2026.
3) In the writ petition following criminal prosecutions which as on date are initiated against the petitioner are disclosed:-
i) Falta Police Station Case No. 98 of 2026 dated 5th May, 2026;
ii) Falta Police Station Case No. 104 of 2026 dated 10th May, 2026;
iii) Falta Police Station Case No. 105 of 2026 dated 10th May, 2026;
iv) Falta Police Station Case No. 106 of 2026 dated 10th May, 2026;
v) Falta Police Station Case No. 117 of 2026 dated 15th May, 2026.
4) Court is apprised on behalf of the petitioner that in connection with Falta Police Station Case No. 98 of 2026 dated 5th May, 2026, one application under section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 was moved before a coordinate Bench and order was passed by the coordinate Bench protecting right of the petitioner in connection with said criminal proceeding. Petitioner prays for direction upon the 3 concerned respondent authorities which would enable the petitioner to contest repoll scheduled on 21st May, 2026.
5) It is also contended on behalf of the petitioner after change of political scenario with effect from 4th May, 2026 since several criminal prosecutions are being initiated against the petitioner by registering FIRs, concerned police authority is required to disclose particulars of FIRs and criminal prosecutions pending against the petitioner as on date.
6) Mr. Dhiraj Trivedi, learned Senior Advocate ably assisted by Mr. Rajdeep Majumdar, learned Senior Advocate appears on behalf of the State respondents and has opposed this writ petition.
7) It is contended on behalf of the State respondents that criminal prosecutions which are disclosed in the present writ petition are only pending against the petitioner and there are no other criminal prosecutions pending as on date.
8) Conduct of the petitioner in connection with Assembly Election, 2026 according to the State respondents can be deciphered from the order dated 2nd May, 2026 passed by the Secretary, Election Commission of India. As per said order dated 2nd May, 2026, it is submitted that due to widespread malpractice in Assembly Election, 2026 in Falta Assembly Constituency which was held on 29th April, 4 2026, election in respect of Falta Assembly Constituency had to be cancelled and repoll is fixed on 21st May, 2026.
9) It is alleged on behalf of the State respondents that petitioner was the mastermind behind widespread malpractice relating to Assembly Election, 2026 in Falta Assembly Constituency held on 29th April, 2026.
10) Today, Court is considering balance of convenience and inconvenience and also exploring the possibility which would permit the petitioner to contest repoll being a candidate of a particular political party which is to be held on 21st May, 2026. There is no denial of fact that petitioner contested the election which was held on 29th April, 2026 and same had to be cancelled by concerned authority of Election Commission of India and repoll is decided to be held on 21st May, 2026.
11) In order to keep spirit of democratic right alive, petitioner needs to be permitted to contest repoll but at the same time Court is required to strike a balance in between right of the petitioner to contest Assembly Election and continuance of investigations in connection with criminal prosecutions pending against the petitioner. At the same time voters' right to exercise franchise needs protection.
12) However, one thing is striking that after the result of Assembly Election, 2026 was declared on 4th May, 2026 criminal prosecutions have been initiated from 5 5th May, 2026 onwards against the petitioner and prima facie it appears that due to change of political scenario steps are taken.
13) In aforesaid conspectus, no coercive steps shall be taken against the petitioner in connection with pending criminal prosecutions as on date which were initiated against the petitioner, till 26th May, 2026. However, petitioner is required to cooperate with the investigating agency.
14) In the event, petitioner does not cooperate with the investigating agency which impedes right of the investigating agency to take the criminal prosecutions forward, leave is granted to concerned State respondents to bring it to the notice of the Court.
15) Petitioner shall follow the guidelines of the Election Commission of India in connection with Assembly Election, 2026 and shall not intimidate and obstruct the voters and other stake holders as well as shall not use provocative words.
16) At the same time, petitioner shall also be permitted to campaign for ensuing repoll, if there is time left for campaigning.
17) Considering the issue involved in this writ petition, let the matter be placed before the Vacation Bench on 26th May, 2026 for further consideration.
18) Copy of the FIRs in connection with criminal prosecutions pending against the petitoiner as on date 6 shall be supplied to the petitioner by seven days from date.
19) Parties to act on the server copy of this order duly downloaded from the official website of this Court.
(Saugata Bhattacharyya, J.)