BENGAL STATE ELECTION COMMISSION AND ORS. versus COMMUNIST PARTY OF INDIA (MARXIST) AND ORS.

Citation: [2018] 10 S.C.R. 100 · Decided: 24-08-2018 · Supreme Court of India · Bench: DIPAK MISRA, D.Y. CHANDRACHUD, A.M. KHANWILKAR · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2018] 10 S.C.R.
WEST BENGAL STATE ELECTION COMMISSION AND ORS.
v.
COMMUNIST PARTY OF INDIA (MARXIST) AND ORS.
(Civil Appeal No. 8515 of 2018)
AUGUST 24, 2018
[DIPAK MISRA, CJI,  A. M. KHANWILKAR AND
DR. D.Y. CHANDRACHUD, JJ.]
West Bengal Panchayat Elections Act, 2003 – Panchayat
elections – Electoral process – Filing of nominations electronically
– As regards, panchayat elections in the State of West Bengal,
issuance of directions by the Division Bench of the High Court to
accept nominations submitted in the electronic form – Names of
those candidates to be published in the list of candidates contesting
the panchayat elections – Challenge to – Held: High Court erred in
issuing directions for the acceptance of nominations in the electronic
form – Neither the Panchayat Elections Act nor the Rules contemplate
the filing of nominations in the electronic form – Any reform of the
electoral process to permit the filing of nominations electronically
would have to be carried out by a legislative amendment – Moreover,
the election process had already been initiated and the last date for
the filing of nominations was over – Also the said directions issued
by the High Court contrary to the principle of self-restraint which
governs the exercise of the jurisdiction u/Art. 226 once the election
process commences as also the direction contrary to the provisions
of Art. 243 O – In view thereof, order of the High Court directing
the acceptance of nominations in the electronic form set aside –
Constitution of India – Arts. 226 and 243-O – Election Laws.
Pursuant to the notification issued by the State Government
for holding panchayat elections in West Bengal, the election
process commenced. The election notification led to various
litigations. Before the Division Bench of the High Court, issue
arose as regards acceptance of nomination already filed in the
electronic form by the State Election Commission. The Division
Bench 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
   [2018] 10 S.C.R. 100
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officers by the specified time. The names of such candidates were
directed to be published in the list of candidates contesting the
panchayat elections. Hence the present appeal.
Allowing the appeals, the Court
HELD: 1.1 While the Division Bench of the High Court
may have been guided by a desire to ensure a free and fair election,
the direction to accept nominations in the election form has clearly
transgressed the permissible area within which the jurisdiction
under Article 226 could have been exercised. The jurisdiction
under Article 226 has to be exercised in a manner consistent
with law. The Panchayat Elections Act contains detailed provisions
in Part VI for the conduct of elections. Chapter VII contains
provisions for the nomination of candidates. Sub sections 1 and 2
of Section 46 require that nominations have to be delivered in
person by the candidate or through the proposer. Chapter I of
Part IV of the West Bengal Panchayat Elections Rules, 2006
contains supplementary provisions inter alia for the nomination
of candidates. [Para 16, 17] [113-H; 114-A-B; 115-E]
1.2 The provisions contained in the Panchayat Elections
Act and rules constitute a complete code in regard to the conduct
of the election, including in the matter of filing of nominations.
Neither the Panchayat Elections Act nor the Rules contemplate
the filing of nominations in the electronic form. Any reform of the
electoral process to permit the filing of nominations electronically
would have to be carried out by a legislative amendment. The
High Court ought not to have issued a mandatory direction of
this nature in the face of the specific provisions contained in the
Panchayat Elections Act and Rules. Moreover, the election
process had already been initiated. The last date for the filing of
nominations was over. The directions issued by the High Court
are in the teeth of the settled principle of self-restraint which
governs the exercise of the jurisdiction under Article 226 once
the election process commences. Moreover, such a direction
would be contrary to the provisions of Article 243 O of the
Constitution. In this view of the matter, the High Court was in
error in issuing directions for the acceptance of nominations in
the electronic form. [Paras 18, 19] [115-F-H; 116-A-B]
WEST BE

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