HC seeks response of State and the Election Commission in matter of online nomination of candidates for election [Read Order]

The Allahabad High Court has issued a notice on a PIL, seeking online nomination of candidates contesting the upcoming panchayat election to protect the supporters and processions from congestion amid the epidemic in the state.

A petition has been filed in the Allahabad High Court by advocate Gopal Krishna Pandey to ensure social distance norms in the state during the election period. He has submitted before the court that,

"Issue a writ, order or direction to the respondent authorities for taking/arranging necessary steps for holding of free and fair three tier general Panchayat Election by amending the necessary rules in U.P. Kshetra Panchayat and Zila Panchayat (Election and Members) Rules, 1994 for allowing /facilitating the filing of online nomination of prospective contesting candidates in the coming Panchayat Election likely to be held in December, 2020 or whenever."

A division bench of Justices SK Gupta and Justice Shamim Ahmed has asked the state government as well as the Election Commission to file their affidavits in the matter in two weeks.

The petitioner has also submitted before the Court that,

“It is a general practice during the elections, that contesting candidates gather/ collect large number of supporters to show their strength at the time of the filing of nomination paper and reach at the nomination/ election office in the form of procession. That under these dire circumstances if the respondents allow contesting candidates in Panchayat Election for physical filing of nomination paper, the condition of social distancing would certainly be breached/ violated.”

The court has now listed the matter for further hearing on 22 September.

Case details

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 863 of 2020

Petitioner :- Gopal Krishna Pandey

Respondent :- State of U.P. and Another

Counsel for Petitioner :- Bharat Pratap Singh, Shivam Shukla

Counsel for Respondent :- C.S.C., Manish Goyal (SeniorAdv.), Paras Nath Rai

Bench: Justices SK Gupta and Justice Shamim Ahmed

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