WB Panchayat Polls:SC Stays HC Judgment On Online Submission Of Nominations,Restrains EC From Notifying The Results Of Uncontested Constituencies [Read Order]

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Thursday stayed the order passed on Tuesday by a Division Bench of the Calcutta High Court directing the State Election Commission to accept the nomination papers submitted via email by 3 PM on April 23 for the Panchayat Elections scheduled to be held on May 14.The Bench has passed the following directions Today;(i) There shall be a stay of the impugned judgment and order dated 8.5.2018 passed by the Division Bench of the High Court;(ii) The Panchayat election scheduled to be held on 14.5.2018, shall proceed as per law;(iii) The petitioners i.e. the West Bengal State Election Commission and its functionaries shall see to it that the election which is scheduled for 14.5.2018 is held in absolute fairness, keeping in view the concept of purity of an election in a democracy;(iv) The election process in respect of the constituencies shall be completed in all aspects and the results of the election can be notified as per law; and (v) The petitioners shall not notify the results in respect of the constituencies where there has been no contest, without the leave of this Court.The bench also restrained the State Election Commission from issuing, without the leave of the court, the results in respect of the constituencies where there has been no contest.However, the bench permitted the May 14 elections to proceed as scheduled, the Commission being responsible to ensure fairness.Senior Counsel Rakesh Dwivedi, appearing on behalf of the State Election Commission, drew the attention of the bench to order passed by Justices A. Mukherjee and B. Somadder- “The State Election Commission has been constituted under section 3 of the West Bengal State Election Commission Act, 1994 with Constitutional sanction. It therefore does not strictly come within the ambit ofsection 6(1)(a) of the Act of 2000 to be a body or agency owned or controlled by the appropriate Government. Similarly, the State Government is not called upon to make rules in terms of section 90of the Act of 2000 in respect of filing of nomination forms through email. It is for the State Election Commission - being a Constitutional body/authority - to provide for the same, as filing of nomination through e-mail invariably prevents large scale violence centering around the Panchayat elections and above all, bloodshed and loss of precious human life. Further, it eliminates hurling of accusations and counter-accusations and encourages peaceful and wider participation. Above all, it upholds the democratic principles which form a pivotal part in the Panchayat election process and is not to its derogation but on the contrary, furthers it. To that extent, the relevant provision of the Act of 2000 shall be deemed to be read into the applicable provision of the (West Bengal Panchayat Elections) Act of 2003 in respect of filing of nomination papers, purely by implication...”“The order was passed without even an enquiry into the facts relating to the alleged prevention of the candidates nominated by the appellant [CPI (M)] from filing their nomination...”, pointed out Mr. Dwivedi.Contending that the Supreme Court may not interfere with the High Court’s order under Article 136, Senior Counsel P. S. Patwalia cited the orders dated April 9 and April 11 of the apex court bench of Justices R. K. Agrawal and A. M. Sapre to the effect that the court shall not interfere with the Panchayat Poll process and preparations, directing the candidates of the West Bengal wing of BJP to approach the State Election Commission with their grievances and complaints against the ruling TMC , as well as refusing to hear their plea against the Commission’s decision to recall its order extending the deadline for filing of nominations for panchayat polls by a day from April 9, requiring the petitioner to approach the Calcutta High CourtIn response to a query in this behalf by the bench, Mr. Patwalia submitted that 34% of the 58,000 candidates are unopposed at present.“None of these candidates have been impleaded...these 34% are not the issue...how can we set aside the elections without any adjudication of facts on an election petition? The election is to be held on May 14...how do we accept the email nominations and change the list now?”, countered Mr. Dwivedi.“May 14 is a tentative date...the relevant order has not been placed before Your Lordships”, responded Mr. Patwalia.Rule 40(3) of the West Bengal Panchayat Election Rules of 2006, providing that where the number of candidates is equal or less than the number of seats to be filled in any constituency, all such candidates may be declared to have been duly elected, was referred to.In view of the concerns regarding the acceptance of nomination papers filed electronically and the applicability of the IT Act as held by the division bench of the Calcutta High Court, Chief Justice Misra remarked, “without any amendment to the election law, the...

WB Panchayat Polls:SC Stays HC Judgment On Online Submission Of Nominations,Restrains EC From Notifying The Results Of Uncontested Constituencies [Read Order]

Mehal jain and Ashok K.M

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