Tripura High Court: The Division Bench of Arindam Lodh* and S.D. Purkayastha, JJ., directed the State Civil authorities and State Election Commission to provide adequate security to the candidates willing to submit nomination papers at the place mentioned in the notification of Panchayat Election. Further, the State Civil authorities were directed to ensure the conduct of free and fair Panchayat Elections in the State of Tripura.
Petitioners submitted that this Court might pass a direction upon the State authorities and the State Election Commission to ensure fair election and to create an atmosphere so that the voters could exercise their franchise and to participate in the election process. They had also sought for adequate protection to be provided to the candidates who were willing to submit nomination papers online. Petitioners further submitted that respondents should be directed to restore law and order in the local limits of Panchayat areas in the wake of Tripura Panchayat Election 2024 to be held on 08-08-2024, so that the persons intending to participate in Election process might not be disturbed, opposed, kidnapped, or murdered by the goons controlled by the party in power.
The respondents submitted that there was no one before this Court to express their grievances that they were not allowed to submit nomination papers at the places mentioned in the notification for the Panchayat Election. Further, it was submitted that all security measures had been taken to ensure free and fair election.
The Court, after perusal of the writ petition, noted that petitioners had sought for direction upon respondents to allow them to file nomination papers online. The Court further noted that the Tripura Panchayat Act and Rules were framed in 1993, but no statutory provision was prescribed to allow the candidates to file nomination papers online.
The Court opined that with the advancement of digital technology and with the over-increasing criminalization in politics, now it was high time that the Election Commission brought necessary amendments making suitable provisions so that candidates willing to contest elections might file nomination papers through electronic means. In the democratic system of governance, the authorities concerned must ensure free and fair elections. The online filing of nominations would play a vital role in fulfilling the commission’s statutory duty to maintain the purity of elections. However, any decision in this regard would depend on the specific legal framework and the technological feasibility, which might not be difficult to sort in the present scenario.
The Court stated that it had to act according to the confines of the provisions prescribed in the statute and it could not go beyond the statute to pass any direction upon respondents to adopt such mechanism which was not in the statute itself. The Court further stated that during the process of election, it could not 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. The Court stated that no interference was called for at this stage.
The Court directed the State Civil authorities and State Election Commission to provide adequate security to the candidates willing to submit nomination papers at the place mentioned in the notification of Panchayat Election. Further, the State Civil authorities were directed to ensure the conduct of free and fair Panchayat Elections in the State of Tripura.
[Tripura Pradesh Congress Committee v. State Election Commission, 2024 SCC OnLine Tri 471, decided on 18-07-2024]
*Judgment authored by: Justice Arindam Lodh
Advocates who appeared in this case :
For the Petitioners: P. Roy Barman, T. D. Majumder, Senior Advocates; Samarjit Bhattacharjee, Kawsik Nath, Dipjyoti Paul, S. Saha, R. Purkayastha, S. Chakraborty, Advocates
For the Respondents: S. S. Dey, Advocate General; D. Bhattacharjee, Senior Advocate; S. Saha, Advocate
