West Bengal State Election Commission vs Communist Party Of India (Marxist) Its ...

After the process commenced in the State of West Bengal for elections to Digitally signed by SATISH KUMAR YADAV the panchayats, a Division Bench of the Calcutta High Court issued directions on Date: 2018.08.24 12:50:06 IST Reason:

3 Notice was issued by this Court on 10 May 2018 and the following interim directions were issued:

8 The order of the State Election Commission extending the period for filing of nominations was recalled immediately on the next day – 10 April 2018. The BJP filed a writ petition 3 before the Calcutta High Court inter alia seeking directions for the acceptance of nominations and police assistance. By a supplementary affidavit, the validity of the order dated 10 April 2018 was questioned. The Calcutta High Court issued an interim direction suspending the operation of the notification of the State Election Commission dated 10 April 2018. On 11 April 2018 this Court was also moved in a Miscellaneous 3 AST 9 of 2018 7 Application by the BJP. This Court granted liberty to move the Calcutta High Court where proceedings were pending. On 12 April 2018, the High Court directed the State Election Commission that before proceeding further with the electoral exercise, it shall inform the Court on affidavit of the steps taken in terms of its direction of 10 April 2018 and the order of this Court dated 9 April 2018. An intra-court appeal against the order was dismissed on 16 April 2018, though with a request to the learned Single Judge to dispose of the pending proceedings. 9 The learned single Judge of the High Court delivered judgment on 20 April 2018 in which the following directions were issued:

10 On 21 April 2018, the State Election Commission issued a notification extending the date for the filing of nominations to 23 April 2018; fixed 25 April 8 2018 as the date for scrutiny and 28 April 2018 as the last date for the withdrawal of candidature. On 23 April 2018, the High Court, upon being moved by some of the intending candidates, directed the State Election Commission to ensure the acceptance of nomination forms. Three writ petitions were moved before the High Court. By a judgment dated 24 April 2018, the learned Single Judge declined to interfere with the election process observing that:

12 On 26 April 2018, polling dates were announced for 14 May 2018 by the State Election Commission. On 1 May 2018, fresh writ petitions were moved before the learned Single Judge of the Calcutta High Court. The High Court declined to issue any further directions having regard to its earlier orders. The CPI (M) filed an appeal before the Division Bench against the orders of the learned Single Judge. The Division Bench, while disposing of the appeal, directed the State Election Commission to accept nominations in the electronic form of those candidates who had filed and submitted them electronically to the panchayat returning officers by 3.00pm on 23 April 2018. The names of such candidates were directed to be published in the list of candidates contesting the Panchayat elections of 2018.

31 For these reasons, we are of the view that challenges in regard to the validity of the elections to the uncontested seats in the panchayats, panchayat samitis and zilla parishads must also be pursued in election petitions under Section 79(1) of the Panchayat Elections Act. We leave it open to any person aggrieved to raise a dispute in the form of an election petition in accordance with the provisions contained in the Panchayat Elections Act. In exercise of the power conferred by Article 142, we direct that the period of 30 days for filing election petitions in respect of the uncontested seats shall commence from the date of the publication of the results in the Official Gazette.

32 For the reasons indicated earlier, we allow the appeals and set aside the impugned judgment and order of the Calcutta High Court directing the acceptance of nominations in the electronic form. Pending applications, if any, are also disposed of. There shall be no order as to costs.

….....................................CJI [DIPAK MISRA] …......................................J [AM KHANWILKAR] ….........................................J [Dr D Y CHANDRACHUD] New Delhi August 24, 2018