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

SCR Citation: [2018] 10 S.C.R. 100
Year/Volume: 2018/ Volume 10
Date of Judgment: 24 August 2018
Petitioner: WEST BENGAL STATE ELECTION COMMISSION AND ORS.
Disposal Nature: Appeal Allowed
Neutral Citation: 2018 INSC 744
Judgment Delivered by: Honble Dr. Justice D.Y. Chandrachud
Respondent: COMMUNIST PARTY OF INDIA (MARXIST) AND ORS.
Case Type: CIVIL APPEAL /8515/2018
Order/Judgment: Judgment
1. 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.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • West Bengal Panchayat Elections Act
  • 2003
5. Equivalent citation
    Citation(s) 2018 AIR 3964 = 2018 (10) SCALE 186