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West Bengal Congress Seeks Bail for Nandigram Candidate and Challenges BJP Nominee’s Affidavit Ahead of Oct. 6 Bypoll

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Legal Moves Ahead of Nandigram Bypoll

On September 23, 2026, the West Bengal Congress filed two petitions in the Calcutta High Court: a bail petition for its Nandigram by-poll candidate Milan Pradhan and a writ petition seeking judicial scrutiny of alleged discrepancies in BJP nominee Hasirani Rath’s election affidavit. The writ asks the Election Commission of India (ECI) to investigate the affidavit and, if unexplainable, cancel Rath’s nomination.

Background: 2007 Anti-Land Acquisition Movement

Pradhan faces four non-bailable warrants and an Arms Act case linked to the 2007 anti-land-acquisition protests in Nandigram. The warrants were executed after September 18, 2026, when former chief minister Mamata Banerjee announced support for Pradhan following the withdrawal of the Trinamool Congress nominee.

Data & Statistics

  • Four non-bailable warrants from the 2007 case; one Arms Act warrant.
  • Custody: judicial custody till October 3, 2026 for the four warrants and till October 5, 2026 for the Arms Act case.

Official Statements & Responses

Congress, following instructions from West Bengal Pradesh Congress Committee president Subhankar Sarkar, urged the ECI to act on the alleged affidavit discrepancy. The BJP rejected the allegations, saying Rath’s age and qualification details are correct and any inconsistency is a typographical error. The party’s Nandigram office maintains Rath was born in 1965 and cleared the Madhyamik Examination in 1980, not 1965 as listed.

State police said Pradhan’s arrest resulted from the execution of long-pending non-bailable warrants, a procedure mandated for elections and by-elections.

Criticism & Opposition

Congress leaders called the timing of Pradhan’s arrest a “political vendetta.” K C Venugopal, Congress general secretary (organisation), accused the BJP of silencing opposition voices. Senior leader Adhir Ranjan Chowdhury questioned the arrest’s proximity to the election, and Rahul Gandhi condemned the move in a video message.

Conflicting Reports & Gaps

The dispute centers on Rath’s affidavit, which lists her age as “60+ years” while also stating she cleared Class 10 in 1965. If the age claim is accurate, the qualification year would imply an implausibly young school completion. The BJP counters that Rath was born in 1965 and completed the Madhyamik Examination in 1980, attributing the 1965 entry to a typo. No independent verification has been presented, and the ECI’s response remains pending.

Verbatim Quotes

  • “A counsel appearing for Pradhan said, "The court has remanded Milan Pradhan to judicial custody for 14 days in connection with the three warrants associated with cases in Nandigram police station.” — Milan Pradhan, advocate
  • “Acting on the instructions of West Bengal Pradesh Congress Committee president Subhankar Sarkar, the party today moved the Calcutta High Court with a bail petition on behalf of Nandigram Congress candidate Milan Pradhan and a writ petition concerning the affidavit submitted by BJP candidate Hasirani Rath and the Election Commission of India’s response to the alleged discrepancies.” — West Bengal Congress

What’s Next

The High Court is expected to hear the writ petition on Tuesday (date not specified). The by-poll campaign ends on October 4, voting on October 6, and counting on October 9. The ECI’s decision on Rath’s nomination will follow the court’s consideration of the affidavit challenge.