The Calcutta High Court has asked the West Bengal government to allow Congress candidate Milan Pradhan to contest the Nandigram Assembly by-election if he secures bail in the five criminal cases in which he has been arrested. The observation was made on Tuesday during a hearing before Justice Saugata Bhattacharyya. Pradhan is currently in judicial custody and faces 11 cases. The state government told the court that five other cases challenged by Pradhan had been withdrawn and that he was not an accused in the remaining case.
Polling for the Nandigram Assembly by-election will take place on October 6. Campaigning will end on October 4, while counting of votes is scheduled for October 9.
Pradhan is currently in judicial custody, limiting his ability to campaign personally. His participation in campaigning would depend on obtaining bail from the appropriate court.
During the High Court hearing, the state government was told that Pradhan should be allowed to contest the election if he obtains bail. The court's observation came with limited time remaining before polling.
Pradhan was arrested on September 18. He was subsequently sent to judicial custody by the Haldia sub-divisional court in connection with four cases dating back to the 2007 Nandigram land acquisition protests. The custody order was initially until October 3.
On September 21, a Contai court also sent him to judicial custody for 14 days in connection with an old case under the Arms Act. Reports have stated that this case dates back to the 2007 period.
These judicial orders have restricted Pradhan's ability to campaign. The campaign is scheduled to end on October 4, two days before polling.
During the hearing, Pradhan's lawyer Ayan Bhattacharya said the Contai court order would be challenged before the Calcutta High Court. Pradhan had approached the High Court seeking protection from coercive action in other cases and information on whether any additional criminal cases or arrest warrants were pending against him.
The West Bengal government informed the High Court that five of the six cases challenged by Pradhan had been withdrawn and that he was not an accused in the remaining case. Pradhan's lawyer clarified that he was not seeking relief in the five cases in which Pradhan had already been arrested.
Some of the cases against Pradhan relate to the 2007 movement against land acquisition in Nandigram.
Pradhan's lawyer argued before the court that the action against him followed the announcement of support for his candidacy by the Mamata Banerjee-led TMC faction. The submission formed part of Pradhan's legal arguments concerning the timing of the action.
The state government, however, told the court that Pradhan's arrest was based on a warrant issued by a lower court. According to the state, the warrant related to a 2007 criminal case and had been pending since 2021.
The state's counsel also referred to Election Commission guidelines concerning action on pending arrest warrants during elections. The government said that when an election is being held in an area, the concerned police authorities are required to act on pending arrest warrants before polling.
The state further told the court that other accused persons against whom arrest warrants were pending had also been arrested. The government therefore presented Pradhan's arrest as action on a pending judicial warrant.
The Nandigram Assembly seat fell vacant after Suvendu Adhikari left the constituency following the 2026 Assembly election. The Election Commission subsequently announced the by-election, with polling scheduled for October 6 and counting on October 9.
The 2007 land acquisition protests in Nandigram had a significant role in West Bengal's political history. Mamata Banerjee led the movement against land acquisition at the time, while Suvendu Adhikari also participated in the movement.
Pradhan's judicial custody has created a legal and logistical constraint on his ability to campaign before the October 6 by-election. The campaign will close on October 4.
The High Court's observation concerns his eligibility to contest if he obtains bail, while his ability to campaign outside custody depends on the outcome of the proceedings concerning his bail. The court has also directed the state to allow him to contest if he secures bail.
The next stages of the legal proceedings, including the bail proceedings in the cases in which Pradhan has been arrested, will determine his ability to participate personally in the remaining campaign period. Vote counting is scheduled for October 9.
