High Time That Election Commission Brings Necessary Amendment For Filing Nominations Through Electronic Means: Tripura High Court
|The Tripura High Court has observed that it is high time that the Election Commission brings necessary amendments in suitable provisions so that candidates willing to contest elections may file nomination papers through electronic means.
Taking note of the over-increasing criminalization in politics, the Court stated that online filing of nominations would play a vital role in fulfilling the Election Commission’s (EC) statutory duty to maintain the ‘purity of elections.’ The observation came pursuant to the Tripura Pradesh Congress Committee (INC Tripura) having filed a petition under Article 226 of the Constitution seeking relief related to the conduct of the upcoming Tripura Panchayat Elections scheduled for August 8, 2024.
A Division Bench of Justice Arindam Lodh and Justice S.D. Purkayastha observed, “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.”
Sr. Advocate P. Roy Barman appeared for the petitioner, while AG S.S. Dey and Sr. Advocate D. Bhattacharjee represented the respondents.
INC Tripura had sought a direction from the Court upon the State Election Commission (Commission) to allow them to file nomination papers online.
The Bench observed that with the advancement of digital technology, it was high time for the EC to bring in necessary amendments in Law so that the candidates willing to contest elections could file nomination papers through electronic means.
However, the Court explained that the Tripura Panchayat Act and Rules were framed in the year 1993 and therefore, no statutory provisions were prescribed to allow the candidates to file nomination papers online.
“However, true it is, any decision in this regard would depend on the specific legal framework, and of course, the technological feasibility, which also may not be very difficult to sort out in the present scenario,” the Court remarked.
Reiterating the settled position of law on the subject that courts cannot pass any direction to remove any kinds of irregularities or malpractices by any person or persons during the process of election, the Court explained that “law of the land on the subject in issue makes our hands tied. Court is to act according to the confines of the provisions prescribed in the statute. Courts cannot go beyond the statute to pass any direction upon the respondents to adopt such mechanism which is not in the statute itself.”
The Commission assured the Court that necessary steps had already been taken and would be reviewed to prevent any untoward incidents, thus ensuring the conduct of ‘free and fair elections.’
Consequently, the Court directed, “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.”
Accordingly, the High Court disposed of the petition.
Cause Title: Tripura Pradesh Congress Committee & Anr. v. The State Election Commission & Ors.
Appearance:
Petitioner: Sr Advocate P. Roy Barman; Advocates Samarjit Bhattacharjee, Kawsik Nath, and Dipjyoti Paul
Respondents: Advocate General S. S. Dey; Sr. Advocate. D. Bhattacharjee; Advocate S. Saha