Can government machinery issue official stamp papers off the record to manufacture political support? That is the serious question now before the Calcutta High Court. The High Court has asked the West Bengal government to explain allegations that lakhs of non-judicial stamp papers were handed out without proper register entries to boost numbers in an ongoing political battle.
The PIL Before The Calcutta High Court
The controversy reached the court through a Public Interest Litigation (PIL) titled Surajit Mondal v. State of West Bengal. The petitioner, Surajit Mondal, is an elected member of the Zilla Parishad in Hooghly.
According to the petition, local administrative officials and police across the state allegedly colluded to distribute non-judicial stamp papers unlawfully. The petition claims these papers were used to coerce members of the Trinamool Congress (TMC) and others into signing declarations supporting a breakaway faction.
A Division Bench comprising Chief Justice Ravindra Vithalrao Ghuge and Justice Shabbar Rashidi took up the petition. The court pointed out that stamp paper transactions cannot take place in secret or without documentation.
The Core Dispute: Who Is The Real Party?
The underlying dispute centres on political rivalry and the right to use the official party name and symbol. Rebel leader and current Leader of Opposition Ritabrata Banerjee broke away from the Mamata Banerjee-led TMC, claiming his faction represents the original party.
Banerjee claims he holds the backing of more legislators and is entitled to the party’s recognised “Flower and Grass” symbol. The dispute over which faction represents the true party is currently pending before the Election Commission of India (ECI).
Before the ECI, numbers matter. Factions submit sworn affidavits on official stamp papers to prove majority support among elected representatives and organisational members. Therefore, securing signed stamp papers can directly sway the outcome of an ECI symbols dispute.
Missing Entries In Official Registers
During the hearing, Senior Advocate Kalyan Bandopadhyay, appearing for the petitioner, argued that lakhs of stamp papers had been circulated without any serialised logging. Under the law, every licensed vendor and treasury sub-registry must keep an exact record of each stamp paper sold, including the purchaser’s details.
The petitioner argued that bypassing these registers suggests foul play. The petitioner urged the court to direct the State to produce detailed records of stamp paper issuances from local sub-registries.
Chief Justice Ghuge made a clear observation during the proceedings: “Stamp papers can only be sold by licensed stamp vendors. The sale of stamp papers must be there in the register. Show us whether you are doing this.”
State Questions Maintainability
The State government, represented by Government Pleader DN Ray, questioned whether the issue could be heard as a Public Interest Litigation. The State argued that the petition might not meet the strict threshold required for a PIL.
However, the State requested time to seek instructions from the relevant government departments and file a comprehensive reply. The High Court granted time and listed the matter for further hearing on December 11.
The Bench noted that the State is free to raise its legal objections regarding maintainability in its formal affidavit, alongside answers to the factual claims raised by the petitioner.
What The Law Says
The allegations touch on critical rules governing government revenue, document authentication, and criminal law:
- The Indian Stamp Act, 1899: Non-judicial stamp papers are government instruments used to pay stamp duty and authenticate legal declarations. The Act and state stamp rules strictly regulate who can sell stamp papers. Only licensed vendors can sell them, and they are legally required to maintain serialised daily registers recording the buyer’s identity and the paper’s serial number.
- Cheating and Forgery: If public servants or private actors procure or issue official instruments fraudulently to create bogus legal documents, criminal liability arises. Under the Bharatiya Nyaya Sanhita, 2023 (BNS), cheating is punishable under Section 318(4) (formerly Section 420 of the Indian Penal Code). Forgery of valuable security or official records is penalised under Section 338 of the BNS (formerly Section 467 IPC).
- Affidavits Under Election Rules: Under the Election Symbols (Reservation and Allotment) Order, 1968, the Election Commission tests numerical strength through individual sworn affidavits. If those affidavits are procured through fraud, pressure, or unauthorised stamp papers, their legal validity is compromised.
Why This Matters For You
Stamp papers are not ordinary sheets of paper. Citizens buy them to register property, enter contracts, and make sworn declarations under oath. The system relies entirely on public trust.
If government stamp papers can be distributed off-the-books without registry logs, it weakens the integrity of every registered document in the state. Whether used for political posturing or business deals, unregistered stamp papers undermine transparency in public administration.
What Happens Next
The West Bengal government must submit its formal response before the High Court by December 11. The State will need to demonstrate whether the stamp papers in question followed standard registry procedures or if irregularities occurred.
Until the court examines the registers, the battle over party recognition remains closely tied to the integrity of the state’s stamp paper records.
Story reported by Barandbench. This article is BareLaw’s independent explanation and analysis.
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