Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | West Bengal Panchayat Elections Act 2003 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | West Bengal Panchayat Elections Act, 2003 – Panchayatelections – 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 toaccept nominations submitted in the electronic form – Names ofthose candidates to be published in the list of candidates contestingthe panchayat elections – Challenge to – Held: High Court erred inissuing directions for the acceptance of nominations in the electronicform – Neither the Panchayat Elections Act nor the Rules contemplatethe filing of nominations in the electronic form – Any reform of theelectoral process to permit the filing of nominations electronicallywould have to be carried out by a legislative amendment – Moreover,the election process had already been initiated and the last date forthe filing of nominations was over – Also the said directions issuedby the High Court contrary to the principle of self-restraint whichgoverns the exercise of the jurisdiction u/Art. 226 once the electionprocess commences as also the direction contrary to the provisionsof Art. 243 O – In view thereof, order of the High Court directingthe acceptance of nominations in the electronic form set aside –Constitution of India – Arts. 226 and 243-O – Election Laws. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2018 INSC 744 |
Petitioner | West Bengal State Election Commission And Ors. |
Respondent | Communist Party Of India (marxist) And Ors. |
SCR | [2018] 10 S.C.R. 100 |
Judgement Date | 2018-08-24 |
Case Number | 8515 |
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