BHARATIYA JANATA PARTY WEST BENGAL versus STATE OF WEST BENGAL & ORS.

Citation: [2018] 6 S.C.R. 693 · Decided: 09-04-2018 · Supreme Court of India · Bench: R.K. AGRAWAL · Disposal: Disposed off
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Judgment (excerpt)

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BHARATIYA JANATA PARTY
WEST BENGAL
v.
STATE OF WEST BENGAL & ORS.
(Writ Petition (Civil) No. 302 of 2018)
APRIL 09, 2018
[R. K. AGRAWAL AND ABHAY MANOHAR SAPRE, JJ.]
Election Laws – State Election Commission issued notifications
for panchayat elections – Petitioner, a political party alleged that
its candidates were not allowed to collect and submit the nomination
forms, on account of violent resistance by supporters of the ruling
party – Petitioner sought directions to the State Election Commission
to issue nomination papers on internet so that candidates of the
petitioner could apply through e-mail – Held: In Bodula Krishnaiah
case it was held that once the election process has been set in motion,
the Court ought not to interfere – In instant case, election process
has been set into motion, therefore the Court not inclined to interfere
– Furthermore, the West Bengal Panchayat Elections Act empowers
the State Election Commissioner to pass appropriate orders in relation
to any grievance, when made by any political party, or/and their
individual candidate including any independent candidate with
regard to any matter relating to and arising out of the election and
election process – Therefore, all political parties, their candidates,
including any independent candidate/s proposing to contest the
election in question, are granted liberty to approach the State Election
Commissioner with their any individual or/and collective grievance
– State Election Commissioner to ensure disposal of any such
grievance so made by the party concerned strictly in accordance
with law forthwith – West Bengal Panchayat Elections Act, 2003 –
Constitution of India – Art.32.
West Bengal State Election Commission v. State of West
Bengal & Ors. (Decision dated 28.06.2013 in S.L.P
(Civil) Nos. 19928-19931 of 2013) ; Bharat Singh and
Others v. State of Haryana & Others (1988) 4 SCC
534 : [1988] 2 Suppl. SCR 1050 – referred to.
   [2018] 6 S.C.R. 693
693
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SUPREME COURT REPORTS
[2018] 6 S.C.R.
Boddula Krishnaiah and Anr. v. State Election Commis-
sioner, A.P. & Ors. (1996) 3 SCC 416 : [1996] 3 SCR
687 – relied on.
Case Law Reference
   [1988] 2 Suppl. SCR 1050    referred to
  Para 7
   [1996] 3 SCR  687
   relied on
   Para 11
CIVIL ORIGINAL JURISDICTION :  Writ Petition (Civil)
No. 302 of 2018.
Under Article 32 of the Constitution of India
Mukul Rohatgi, P. S. Patwalia, Sr. Advs., Ms. Aishwarya Bhati,
Kabir Shankar Bose, Partha Ghosh, Nachiketa Joshi, Shubhankar
Chakraborty, Arijit Majumdar, S. Datta, Bharat Sood, Kallol Guha
Thakurta, Shamba Dutta, Ms. Sukanya Dutta, Advs. for the Petitioner.
Tushar Mehta, ASG, Dr. Abhishek Manu Singhvi, Amrendra Saran,
V.Giri, Sr. Advs., Suhaan Mukerji, Harsh Hiroo Gushahani, Sidharth
Kalita, Ms. Astha Sharma (for PLR Chambers & Co.), Rajat Nair,
Ms. Nupur Sharma, Rohit Bhat (for B.V. Balram Das), Advs. for the
Respondents.
The Order of the Court was passed by
R. K. AGRAWAL, J. 1. By the present writ petition filed under
Article 32 of the Constitution of India,  the Petitioner seeks a writ of
mandamus to direct the West Bengal State Election Commission-
respondent No. 6 to issue nomination forms to the candidates of the
petitioner so as to enable them to file their nomination in the ensuing
upcoming panchayat elections as also to take immediate steps to make
arrangements for submission of nomination papers through email and to
provide police protection to the candidates of the petitioner so as to
enable them to collect and deposit the nomination forms for the purpose
of contesting the panchayat elections already notified and also direct the
respondents Nos. 1 to 3 to call for Central Para-Military Forces to maintain
the law and order during the conduct of the panchayat elections in the
State of West Bengal.
2. We have heard Shri Mukul Rohatgi and Shri P.S.Patwalia the
learned senior counsels appearing for the petitioner and Dr. Abhishek
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Manu Singhvi and Shri Amrendra Saran, learned senior counsel  for the
respondent Nos. 1 to 4 and Shri Tushar Mehta, learned Additional
Solicitor General for respondent  No. 7.
3. Relying upon the newspaper reports which appeared in the
Times of India, Kolkata edition dated 03.04.2018 and 04.04.2018, the
Statesmen, Kolkata edition dated 04.04.2018 and the Telegraph e-paper
preview, the learned senior counsels for the petitioner submitted that the
petitioner’s candidates who want to contest election for the panchayat
which
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