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Constitutional · Reportable judgment

Bharatiya Janata Party West Bengal vs State of West Bengal & Ors.

Court
Supreme Court of India
Date
9 April 2018
Case No.
Writ Petition (Civil) No. 302 of 2018
Result
Disposed
Bench
R.K. Agrawal, Abhay Manohar Sapre
Citation
[2018] 6 S.C.R. 693 : 2018 INSC 318
Supreme Court Reports [2018] 6 S.C.R. 693 : 2018 INSC 318
Headnote

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.

Full Judgment Text

The Order of the Court was passed by R. K. AGRAWAL, J. 1. By the present writ petition filed under Article 32 of the Constitution of India, the Petitioner seeks a writ of mandamus to direct the West Bengal State Election Commissionrespondent No. 6 to issue nomination forms to the candidates of the petitioner so as to enable them to file their nomination in the ensuing upcoming panchayat elections as also to take immediate steps to make arrangements for submission of nomination papers through email and to provide police protection to the candidates of the petitioner so as to enable them to col
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