The division judge bench of the Tripura High Court refused prayer sought by the Tripura Pradesh Congress Committee and Anr. to direct the State Election Commission, Tripura to accept nomination papers online while holding that no statutory provision is prescribed to allow the candidates to file nomination papers online.
Brief facts
The present writ petition was filed by the Petitioner in order to direct the state election commission of Tripura (Respondent) to allow them to file nomination papers online.
Contentions of the Petitioner
The Petitioner contended that despite the limited scope of the court in this regard, the court can pass directions upon the State authorities and the State Election Commission to ensure a fair election and to create an atmosphere so that the voters can exercise their franchise and participate in the election process.
Contentions of the Respondent
The Respondent contended that all the measures have already been taken in order to ensure free and fair elections. Furthermore, they have failed to point out any violation of statutory provisions relating to the submission of nomination papers and the conduct of free and fair elections.
Observations of the court
The Hon’ble Court observed that the Tripura Panchayat Act and Rules were framed in the year 1993 and there exists no statutory provision is prescribed to allow the candidates to file nomination papers online.
The court furthermore observed that the law of the land on the subject in issue makes our hands tied and the courts are not permitted to go beyond the statute in order to direct respondents to use a method that is not specified in the statute. It is well established law that the court cannot order the removal of any irregularities or wrongdoings by any individual or individuals during the electoral process. According to the statute, any member of the electorate, any candidate, or any person or individuals may file a complaint with the relevant forum once the election process has concluded.
Based on these considerations, the court rejected the prayer of the Respondent in order to allow them to file the nomination papers online. The court directed the State Civil authorities as well as the 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.
The decision of the court
With the above direction, the court disposed of the writ petition.
Case Title: Tripura Pradesh Congress Committee and Anr V. The State Election Commission, Tripura and Ors.
Coram: Hon’ble Mr. Justice Arindam Lodh, and Hon’ble Mr. Justice S.D. Purkayastha
Case No.: WP(C) No.483 of 2024
Advocates for the Petitioner: Mr. P. Roy Barman, Sr. Advocate Mr. Samarjit Bhattacharjee, Advocate Mr. Kawsik Nath, Advocate Mr. Dipjyoti Paul, Advocate
Advocates for the Respondents: Mr. S. S. Dey, Advocate General Mr. D. Bhattacharjee, Sr. Advocate Mr. S. Saha, Advocate
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