Election Laws – State Election Commission issued notifications for panchayat elections – Petitioner, a political party alleged that its candidates were not allowed to collect and submit the nomination forms, on account of violent resistance by supporters of the ruling party – Petitioner sought directions to the State Election Commission to issue nomination papers on internet so that candidates of the petitioner could apply through e-mail – Held: In Bodula Krishnaiah case it was held that once the election process has been set in motion, the Court ought not to interfere – In instant case, election process has been set into motion, therefore the Court not inclined to interfere – Furthermore, the West Bengal Panchayat Elections Act empowers the State Election Commissioner to pass appropriate orders in relation to any grievance, when made by any political party, or/and their individual candidate including any independent candidate with regard to any matter relating to and arising out of the election and election process – Therefore, all political parties, their candidates, including any independent candidate/s proposing to contest the election in question, are granted liberty to approach the State Election Commissioner with their any individual or/and collective grievance – State Election Commissioner to ensure disposal of any such grievance so made by the party concerned strictly in accordance with law forthwith – West Bengal Panchayat Elections Act, 2003 – Constitution of India – Art.32.
West Bengal State Election Commission v. State of West Bengal & Ors. (Decision dated 28.06.2013 in S.L.P (Civil) Nos. 19928-19931 of 2013) ; Bharat Singh and Others v. State of Haryana & Others (1988) 4 SCC
534 : [1988] 2 Suppl. SCR 1050 – referred to.
Boddula Krishnaiah and Anr. v. State Election Commissioner, A.P. & Ors. (1996) 3 SCC 416 : [1996] 3 SCR
687 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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