TMC files complaint against BJP for allegedly arranging free Special Trains from Surat to West Bengal ahead of polls

In a letter addressed to the Chief Electoral Officer, West Bengal, TMC MP Derek O' Brien claimed that the BJP, including its Gujarat Unit, has "arranged and facilitated special trains and provided free travel, food and other refreshments, for transporting migrant workers to West Bengal (who are registered voters of West Bengal)," calling it a violation of the Model Code of Conduct.

Brien referred to a post on X, made by a user named Sudhanidhi Bandyopadhyay, with a video of a train departing from a station, captioned, "BJP's Special Trains from Surat to Bengal has now departed. Local Gujarat unit is there accompanying everyone to go vote against TMC."

He stated that Indian Railways, which falls under the Union government, cannot be used for "partisan electoral purposes" and accused BJP of misusing state-controlled resources.

Criticising the move, Derek O' Brien called it a "propaganda aimed to mobilize supporters in favour of BJP and to influence the electoral outcome."

"The said post was made on 21.04.2026, from the social media handle of one Sudhanidhi Bandyopadhyay (Handle name: @SudhanidhiB), which brazenly declared: "BJP's Special Trains from Surat to Bengal has now departed. Local Gujarat unit is there accompanying everyone to go vote against TMC.". Screenshot of the said post is enclosed herewith," the complaint letter read.

"The Indian Railways is under the administrative control of the Union Government, and cannot be deployed, directly or indirectly, for partisan electoral purposes. The involvement by BJP, in arranging such transport at the cost of public exchequer, raises a serious apprehension of misuse of official position and access to State-controlled resources. Even if BJP has undertaken the cost factor, even then such free services is barred by extant instructions of the Election Commission of India. Such acts of the BJP, confer an undue advantage in the electoral process and thereby violates the principle of a level playing field," it added.

The TMC MP further said that the alleged Special Trains arrangement during the silence period amounts to multiple corrupt practices, including "bribery, undue influence at election, illegal procurement of transport for free conveyance of electorate.

"The aforementioned act of arranging 'Special Trains' and providing free services constitutes multiple 'corrupt practices' as provided under the Representation of the People Act, 1951 (RPA). Firstly, this amounts to 'bribery' under Section 123(1) of the RPA, since BJP is providing free train services, food, water, and other facilities to voters, and is also appealing to vote for the BJP, which makes it a direct gratification offered to induce them to vote for BJP. Secondly, this constitutes 'undue influence' as defined under Section 123(2) of the RPA. This provision unequivocally prohibits any direct or indirect interference or attempt to interfere with the free exercise of any electoral right. Thirdly, the act of illegally hiring or procuring of transport for the free conveyance of electorate constitutes a 'corrupt practice' under Section 123(5) of the RPA which is punishable under Section 133 of RPA. Furthermore, abovementioned act constitutes an offence under Section 174 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which penalizes the act of exercising undue influence at an election. Therefore, this is not merely a logistical arrangement but a calculated assault on the sanctity of the electoral process," the letter noted.

Noting that providing free transportation and refreshments to voters is prohibited by the current and active rules set by the Election Commission of India (ECI), Brien called for strict action against BJP, suggesting issuance of show-cause notice, direct registration of complaint against those involved, direction to BJP to include the expense into election expense accounts of candidates, and to ensure no such activity is repeated.

"In view of the above, your good office is hereby called upon to forthwith: Issue show cause notice(s) to BJP and its leaders/members/party workers for violating the MCC and RPA; b. Direct registration of complaint against BJP and its leaders/members/party workers for committing offence under BNS; c. Direct the BJP to include the entire expenditure incurred on these "special trains," including the cost of free train services, food, water, and other facilities, into the election expense accounts of all concerned candidates and the political party itself; d. Ensure no similar services are provided by the BJP to other voters during the ensuing elections; e. Take any other step(s) that may be deemed necessary," the letter stated. (ANI)