Panchayat polls: SC sets aside Calcutta High Court order allowing nominations to be filed via e-mail
The top court directed the West Bengal State Election Commission not to issue a notification declaring the results till July 3.
The Supreme Court on Thursday set aside a Calcutta High Court order that asked the West Bengal State Election Commission to accept nominations for panchayat polls filed through e-mail, PTI reported.
A bench headed by Chief Justice Dipak Misra expressed concern over the Trinamool Congress winning 34% of the seats uncontested, being the only party to file nominations there, amid claims by the Opposition parties that they were not being allowed to file nominations. The Supreme Court dubbed their victory “worrying” and directed the State Election Commission not to declare them as winners.
The court said that the elections would be held on May 14 as per schedule, and directed the poll panel and the state government to ensure free and fair elections. The court also ordered the election commission not to issue a notification declaring the results till July 3, when the matter will be heard next.
The state election panel had moved the Supreme Court on Wednesday, challenging the Calcutta High Court’s order allowing the nominations of candidates who had e-mailed their papers. Senior advocate Rakesh Dwivedi, representing the state election panel, said the matter before the top court did not pertain to candidates winning the polls unopposed, rather it was about a High Court order asking the poll panel to accept the nominations through e-mail. He termed the High Court order as “absurd”.
The poll panel told the top court that it would “suffer irreparable loss and injury” that cannot be compensated if the verdict was not stayed. The High Court had on Tuesday directed the state election commission to accept valid nominations of Communist Party of India (Marxist) candidates who had filed their papers electronically before 3 pm on April 23.
The CPI(M) has accused the ruling Trinamool Congress of preventing its candidates from filing their nominations in person. It has submitted a list of over 800 candidates. The CPI(M) and the Bharatiya Janata Party also filed a caveat before the top court on Wednesday urging it not to pass an ex-parte order on the matter.
The elections have been mired in controversy, with reports of clashes between BJP and Trinamool Congress workers. Other Opposition parties have also accused the ruling party of preventing their candidates from filing nomination papers.