WB Panchayat Election: SC Quashes Calcutta HC Order Allowing Online Submission Of Nominations, Candidates In Uncontested Seats Can File Election Petitions Within 30 Days [Read Judgment]
Supreme Court of India on Friday sets aside the Calcutta High Court order directing the State Election Commission to accept the nominations filed online. The bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar was pronouncing its judgment on an appeal against the May 8 order of the Calcutta High Court directing the State Election Commission to accept the nominations of those intending candidates to the panchayat elections in the state who had submitted their papers through e-mail before the last date. In the impugned order, Justices A. Mukherjee and B. Somadder had observed, “The State Election Commission has been constituted under section 3 of the West Bengal State Election Commission Act, 1994 with Constitutional sanction. To that extent, the relevant provision of the Act of 2000 shall be deemed to be read into the applicable provision of the Act of 2003 in respect of filing of nomination papers, purely by implication…” The court had then directed the State Election Commission to accept the nomination of all the candidates who have duly filed their papers electronically with the Panchayat Returning Officers or the Commission by 3:00 PM on April 23.
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