Calcutta High Court allowed TMC’s Jahangir Khan to contest the Falta re-poll, stressing, “Let the democratic spirit be upheld.” The court noted shifting political circumstances and permitted investigation while directing him to cooperate without coercive action until May.
The Calcutta High Court directed that no coercive action be taken against Trinamool Congress leader Jahangir Khan who is standing for the Falta assembly re-poll in relation to pending FIRs filed against him, until May 26.
The court issued the interim order after noting, on a prima facie basis, that there had been a change in the political situation.
For context, the fresh election for the Falta constituency is scheduled for May 21, with vote counting set for May 24. The poll had earlier been cancelled on April 29 due to allegations of widespread malpractice.
During the hearing, Deputy Solicitor General Dhiraj Trivedi, appearing before Justice Saugata Bhattacharya, argued that accusations of booth capturing and voter intimidation were made against Khan in connection with the Falta constituency where the then ruling party (at the time of those allegations) was contesting, and Khan is the candidate in the re-poll.
When the court orally questioned whether it could be concluded that the petitioner had committed the alleged acts, DSG Trivedi responded, “it has to be assumed”.
However, the court stated that if Khan is directed to cooperate and allowed to contest, then given that he had also contested the earlier election that was voided and that the Election Commission of India decided to hold a re-poll he should be permitted to contest again.
The court clarified that this would not automatically halt all proceedings. It made it clear that subject to Khan’s cooperation, no coercive steps would be taken until the election is concluded, and the court also said it was not holding that the petitioner had not done anything, as that remains a matter for investigation.
The court added that, considering the constituency is sensitive, it will pass orders accordingly. It further observed that there appears to have been a significant shift in the political scenario following the results announced on May 4, and that it appears multiple cases were filed against him on May 4 and May 10.
The court said,
“After all this is a democratic country. Let the democratic spirit be upheld. There is a change of political scenario after the result on 4th (May). And it appears that there were many cases lodged against him on 4th and 10th may. Without entering the proceedings, we will permit you to investigate and direct him to cooperate,”
Khan’s senior counsel Kishore Datta responded by arguing that while the State described the cases as sensitive, electoral offences do not fall within the category of sensitive matters.
Earlier, In a major legal development just ahead of the upcoming repoll in Falta Assembly Constituency, Trinamool Congress (TMC) candidate Jahangir Khan has approached the Calcutta High Court seeking immediate protection from alleged coercive police action.
Khan contends that multiple criminal cases are being repeatedly and selectively filed against him as part of a targeted campaign.
The legal dispute unfolds amid intense electoral tension in Falta Assembly Constituency in South 24 Parganas district, West Bengal.
Polling in the seat was first held on April 29, 2026. However, following widespread allegations of large-scale irregularities on the day of voting, the election process was countermanded. The Election Commission has since scheduled a repoll for May 21, 2026.
With the repoll only days away, Jahangir Khan has moved the court alleging administrative and police hostility intended to disrupt his candidacy and campaign.