Denying relief to the Tripura Pradesh Congress Committee and the Communist Party of India (Marxist), the Tripura High Court on Thursday (July 18) refused to direct the Tripura State Election Commission to accept nominations for panchayat elections through online medium.
When you observe that As there is no statutory provision in the Tripura State Assembly Act and the rules made thereunder to permit candidates to file their candidature papers online; Justice Arindam Lod and Justice Purkayastha S.D. The court said it cannot go beyond the statute and direct the defendant to adopt such a mechanism. It is not stated in the law itself.
However, the subcommittee recommended that given developments in digital technology and the increasing criminalisation of politics, the Election Commission should consider allowing candidates to submit their candidacy documents electronically.
The court further observed that online filing of nominations “A vital role in carrying out the Commission’s statutory duties“maintain”Purity of the election“
“With the advancement of digital technology and over-criminalisation in politics, we are of the opinion that it is time for the Electoral Commission to make appropriate provisions and make necessary legal amendments to enable candidates contesting elections to file their nominations electronically. In a democratic system of governance, the relevant authorities must ensure free and fair elections. In our opinion, online filing of nominations will play a vital role in discharging the Commission’s statutory mandate of maintaining electoral integrity.” the court said.
However, the court added that any decision in this regard would depend on the specific legal framework and technological feasibility, but that it may not be too difficult to sort it out in the current circumstances.
These observations were made by the court while considering a writ petition filed by the Communist Party of India (Marxist) and the Tripura Pradesh Congress Committee, which sought a direction to the State Election Commission to allow candidates to file their nomination papers online so that people willing to take part in the electoral process are not “hindered, opposed, abducted or killed by miscreants controlled by the ruling party”.
These directions were sought to eliminate irregularities and fraud during the elections, ensure participation of the people of the state and restore democratic political system in the state.
The decision not to issue any directions was Justice Arindam Rod It said that at this stage of the electoral process, it would be inappropriate for the court to issue directions to exclude any irregularities or fraudulent activities by any person.
Instead of directing the State Election Commission to accept nominations through online medium, the court directed the State Civil Administration and the State Election Commission to provide adequate security to candidates willing to file their nomination papers at the places mentioned in the notification for the panchayat elections.
“In view of the above observations, we direct the State Civil Administration and the State Election Commission to provide adequate security to candidates willing to file their nomination papers at the places mentioned in the notification for the panchayat elections. Further, the State Civil Administration shall ensure free and fair conduct of panchayat elections in the State of Tripura.”The court stated:
Advocate P. Roy Burman, Advocate Samarjit Bhattacharjee, Advocate Kaushik Nath, Advocate Dipjyoti Paul, Advocate TD Majumdar, Advocate S. Saha, Advocate R. Purkayastha, Advocate S. Chakraborty, Advocate for the petitioners.
Advocate General SS Dey, Advocate General D. Bhattacharjee, Senior Advocate S. Saha, Advocate General for the Defence
Case Details: Tripura Pradesh Congress Committee and Others v. Tripura State Election Commission and Others (and related matters)
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