Written by Avantika Basu
The Trinamool Congress (TMC) has lodged a formal complaint before the West Bengal chief electoral officer (CEO) against Assam Chief Minister Himanta Biswa Sarma, accusing him of making communally charged and inciteful remarks during an election rally in Cooch Behar and levelling what it described as defamatory and unverified allegations against Chief Minister Mamata Banerjee.
The BJP has yet to publicly respond to the allegations.
In a letter dated April 17, TMC leader Derek O’Brien urged the poll body to take urgent and stringent action, arguing that Sarma’s comments violated the Model Code of Conduct (MCC) and sections of the Bharatiya Nyaya Sanhita, 2023 (BNS), the Representation of the People Act, 1951 (RPA), and other applicable laws.
At the heart of the complaint are remarks allegedly made by Sarma—a star campaigner for the BJP—on April 16 in Cooch Behar, ahead of the upcoming Assembly elections in the state.
According to the TMC, Sarma made statements linking Banerjee’s political stance to concerns over a potential ban on beef if the BJP were to come to power in West Bengal. The complaint claims that Sarma suggested Banerjee was “afraid” of such a ban and accused her of being selectively concerned about certain food practices.
The TMC further alleged that Sarma made provocative remarks referencing incidents in Assam’s Dhubri, including claims about beef being placed at the doorsteps of Hindu households, and stated that he had ordered people to “directly shoot” those responsible. The party argued that such statements were not only inflammatory but also amounted to criminal intimidation and incitement.
Calling Sarma’s remarks “deliberate and calculated,” the complaint alleges that they were designed to deepen religious divisions and create hostility between communities in the poll-bound West Bengal. It contends that by invoking beef consumption and linking it to a specific religious group, Sarma’s speech risked stigmatising minorities and portrayed them as a threat to public order.
“These are not merely inappropriate political statements but have the potential to foment communal unrest,” the complaint states, warning that such rhetoric could disrupt the peaceful conduct of elections and escalate tensions, particularly in sensitive districts like Cooch Behar.
The TMC also accused Sarma of making baseless allegations about the alleged proliferation of beef shops in Hindu-majority areas and claims of smuggling, which it described as “vexatious and motivated” assertions aimed at constructing a narrative of suspicion against a particular community.
In addition to concerns over communal harmony, the TMC also framed Sarma’s remarks as defamatory towards Banerjee. The complaint argues that accusing an electoral candidate of bias towards a specific community without evidence violates the norms of fair campaigning and damages her public image.
Citing specific legal provisions, the TMC said the statement could amount to offences under multiple sections of the BNS related to deliberate acts intended to outrage religious feelings, criminal intimidation and defamation. It further alleged that the remarks fall under “corrupt practices” as defined in the RPA.
The complaint also referred to past directives from the Election Commission of India (ECI), including a 2023 communication urging political parties to maintain dignity in public discourse, especially during campaigns. It cited a 2017 Supreme Court judgement that cautioned against mixing religion with electoral politics and making unverified allegations.
Highlighting the timing of the remarks, the TMC expressed concern that such statements made in the run-up to the Assembly elections could have “far-reaching and dangerous consequences,” including undermining public confidence in free and fair polls.
In its plea to the CEO, the TMC sought a show-cause notice against Sarma and the BJP, immediate legal action, and the registration of a first information report under relevant provisions of law. It has also called for prevention measures to ensure that similar statements are not repeated during the campaign period.
Avantika Basu is an intern with The Indian Express.