Tripura High Court Declines Congress, CPI(M) Pleas To Submit Online Nomination For Panchayat Elections

Denying relief to the Tripura Pradesh Congress Committee and Communist Party of India (Marxist), the Tripura High Court on Thursday (July 18) refused to direct the Tripura State Election Commission to accept panchayat election nominations via online medium.

Observing that no statutory provision is prescribed under the Tripura Panchayat Act and Rules framed thereunder to allow candidates to file nomination papers online, a bench comprising Justices Arindam Lodh and S.D. Purkayastha said that the Courts cannot go beyond the statute to pass any direction upon the respondents to adopt such a mechanism that is not in the statute itself.

However, the division bench suggested that, given the rise in digital technology and the growing criminalization of politics, the Election Commission should consider allowing candidates to submit their nomination papers electronically.

The Court further emphasised that online filing of nominations would play a "vital role to fulfil the commission's statutory duty" to maintain the "purity of elections"

"In our opinion, with the advancement of digital technology and with the over-increasing criminalization in politics, now it is high time that the Election Commission is to bring necessary amendments in Law making suitable provisions so that candidates willing to contest elections may file nomination papers through electronic means. In the democratic system of governance, the authorities concerned must ensure free and fair elections. According to us, online filing of nominations would play vital role to fulfill the commission's statutory duty to maintain the purity of elections," the Court observed.

However, the Court added that any decision in this regard would depend on the specific legal framework and technological feasibility, which may not be very difficult to sort out in the present scenario.

These observations were made by the bench while dealing with a writ petition filed by the Communist Party of India (Marxist) and and the Tripura Pradesh Congress committee seeking a direction to the State Election Commission to allow the candidates to file nomination papers online so that the persons intending to participate in Election process may not be "disturbed, opposed, kidnapped or murdered by the goons controlled by the Party in power".

Such a direction was sought to remove any irregularities or malpractices during the elections, ensure the participation of the people of the State, and restore democratic polity in the State.

Declining to issue any direction, the Judgment authored by Justice Arindam Lodh said that at the stage of the election process, it would be uncalled for the Court to pass any direction to remove any irregularities or malpractices by any person or persons.

Instead of directing the State Election Commission to accept nominations via online medium, the court directed the State Civil authorities and the State Election Commission to provide adequate security to candidates willing to submit nomination papers at the place mentioned in the notification of the Panchayat Election.

“In the light of above submissions, we direct the State Civil authorities as well as State Election Commission to provide adequate security to the candidates willing to submit nomination papers at the place mentioned in the notification of Panchayat Election. In furtherance thereof, the State Civil authorities shall also ensure the conduct of free and fair Panchayat Elections in the State of Tripura.”, the court said.

Counsels for Petitioner(s) Mr. P. Roy Barman, Sr. Advocate Mr. Samarjit Bhattacharjee, Advocate Mr. Kawsik Nath, Advocate Mr. Dipjyoti Paul, Advocate Mr. T. D. Majumder, Sr. Advocate Mr. S. Saha, Advocate Ms. R. Purkayastha, Advocate Mr. S. Chakraborty, Advocate

Counsels for Respondent(s) Mr. S. S. Dey, Advocate General Mr. D. Bhattacharjee, Sr. Advocate Mr. S. Saha, Advocate

Case Details: Tripura Pradesh Congress Committee and Anr. Versus The State Election Commission, Tripura and Ors. (and Connected matter)

Click here to read/download the order