The High Court of Tripura in an important judgment that is likely to have far reaching impact in the Indian electoral process opined that it is high time that concerned authorities should think of introducing mechanism that would enable the candidates to file nominations in any elections on line.
The Division Bench of Justice Arindam Lodh and Justice S.D. Purkayastha while hearing two petitions – in which opposition the Congress and the CPM in separate pleas sought High Court’s intervention to ensure free and fair elections as they alleged that their candidates were being barred from filing nominations. They sought direction from the High Court be issued to the concerned authorities to facilitate submission of nomination forms by the intending Candidates through online mode in connection with General Election to all the constituencies/seats of Gram Panchayats, Panchayat Samities and Zilla Parishads. The elections are scheduled on August 08.
Having heard both the sides -petitioners and respondents- Justice Lodh and Justice Purkayastha observed that the Tripura Panchayat Act and Rules had been framed in 1993. And as such there was no statutory provision that would allow the candidates to file nomination papers online.
Nevertheless, the judges felt that time had changed considerably and science and technology had come long way.
They said , “in our opinion, with the advancement of digital technology and with the over-increasing criminalization in politics, now it is high time that the Election Commission is to bring necessary amendments in Law making suitable provisions so that candidates willing to contest elections may file nomination papers through electronic means”.
“In the democratic system of governance, the authorities concerned must ensure free and fair elections. According to us, online filing of nominations would play vital role to fulfil the commission’s statutory duty to maintain the purity of elections”, said Justice Lodh and Justice Purkayasth.
Then they added: “However, true it is, any decision in this regard would depend on the specific legal framework, and of course, the technological feasibility, which also may not be very difficult to sort out in the present scenario”.
As for the straight direction to the state government or election authorities the Division Bench pointed out, “ Court is to act according to the confines of the provisions prescribed in the statute. Courts cannot go beyond the statute to pass any direction upon the respondents to adopt such mechanism which is not in the statute itself”.
“ It is settled proposition of law that during the process of election, the court cannot pass any direction to remove any kinds of irregularities or malpractices by any person or persons. The statute gives liberty to any of the electorate or the candidates or any person or persons to raise their grievance after completion of the entire election process before an appropriate forum. At this stage, interference by this court is not at all called for which is also conceded by learned counsel appearing on behalf of the petitioners”, the High Court.
Nevertheless, Justice Lodh and Justice Purkayastha directed the State Civil authorities as well as State Election Commission to provide adequate security to the candidates willing to submitted nomination papers at the place mentioned in the notification of Panchayat Election.
“In furtherance thereof, the State Civil authorities shall also ensure the conduct of free and fair Panchayat Elections in the State”, the added.
Petitioners were represented by P. Roy Barman, Sr. Advocate, Samarjit Bhattacharjee, Advocate Kawsik Nath, Advocate Dipjyoti Paul, Advocate, T. D. Majumder, Sr. Advocate S. Saha, Advocate R. Purkayastha, Advocate S. Chakraborty, Advocate and respondent(s) were represented by S. S. Dey, Advocate General , D. Bhattacharjee, Sr. Advocate. S. Saha, Advocate.
(Courtesy Tripura Times)
