3 min readJan 31, 2026 08:45 AM IST
First published on: Jan 31, 2026 at 08:45 AM IST
The Calcutta High Court has directed the Election Commission (EC) and the West Bengal government to submit their reports within a week, on a public interest litigation (PIL) which claimed that a state-government undertaking company sought to withdraw from carrying out infrastructural work for the upcoming assembly polls.
A division bench comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen was hearing a PIL filed by state BJP president Samik Bhattacharya, who claimed that the sudden withdrawal of Macintosh Burn Limited (MBL) –a government undertaking, under the PWD, from crucial infrastructure work could disrupt the smooth conduct of the polls.MBL had cited “practical considerations” for pulling out of Assured Minimum Facilities (AMF) work in polling booths.
The bench noted that the EC is vested with sufficient powers to ensure the provision of infrastructure necessary for conducting elections.
“The Election Commission is within its powers to ensure that infrastructure facilities are done for the polls,” the court observed, making it clear that responsibility for enabling the polling process lies with the EC, even if a state PSU withdraws from assisting with the arrangements.
The company was pulled up by Bengal CEO Manoj Agarwal after it refused to take up AMF work, despite being entrusted with the task by the PWD in July.
The CEO had warned that the EC could initiate criminal proceedings against the company’s directors for its refusal to take up the job.
MBL in their letter had stated, “We humbly request that the MBL may please be relieved from this ensuing task and no penal, financial or other adverse actions be initiated against Mackintosh Burn Ltd or its officers or directors, as our inability stems entirely from practical considerations.”
The letter further said that the company’s infrastructure did not allow it to take up the task of detailed field surveys and holistic assessment of the time-bound tasks of AMF in some 81,000 booths spread across Bengal.
However, a source of the EC pointed out that MBL was given the job in July last year.
“The government did not check with the company whether it was capable of doing the work. If the PWD had tried to find out sooner, alternative agencies could have been hired earlier. It would have saved four valuable months,” the source said, adding that time was vital as all officials would get busy with the Special Intensive Revision (SIR) of the electoral rolls.
“In that case, the survey of the booths and identification of gaps in terms of AMF would be a problem. Tenders cannot be floated after election dates are declared,” said the ECI official.
The Calcutta High Court has asked the Election Commission and West Bengal government to file reports within a week over a PSU’s decision to pull out of poll booth infrastructure work. (ANI Photo) 
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