Tripura High Court
Tripura Pradesh Congress Committee And ... vs The State Election Commission on 18 July, 2024
Author: Arindam Lodh
Bench: Arindam Lodh
Page 1 of 6
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.483 of 2024
Tripura Pradesh Congress Committee and Anr.
....Petitioner(s)
Versus
The State Election Commission, Tripura and Ors.
....Respondent(s)
WP(C) No.484 of 2024
Communist Party of India (Marxist) and Anr.
....Petitioner(s)
Versus
The State Election Commission, Tripura and Ors.
....Respondent(s)
For Petitioner(s) in WP(C) 483 of 2024 : Mr. P. Roy Barman, Sr. Advocate
Mr. Samarjit Bhattacharjee, Advocate
Mr. Kawsik Nath, Advocate
Mr. Dipjyoti Paul, Advocate
For Petitioner(s) in WP(C) 484 of 2024 : Mr. T. D. Majumder, Sr. Advocate
Mr. S. Saha, Advocate
Ms. R. Purkayastha, Advocate
Mr. S. Chakraborty, Advocate
For respondent(s) : Mr. S. S. Dey, Advocate General
Mr. D. Bhattacharjee, Sr. Advocate
Mr. S. Saha, Advocate
Date of hearing and delivery of Judgment : 18.07.2024
Whether fit for reporting : Yes
HON'BLE MR. JUSTICE ARINDAM LODH
HON'BLE MR. JUSTICE S.D. PURKAYASTHA
JUDGMENT & ORDER (ORAL)
(Arindam Lodh, J.)
By means of filing the above two writ petitions, the petitioners have
prayed for following reliefs.
2. The reliefs sought for in WP(C) No.483 of 2024 are:
"Under the Circumstances, stated above, it is most humbly submitted
that the Hon'ble High Court will be kind enough to:-
i. Issue Rule upon the Respondents to show cause as to why Writ
in the nature of mandamus and/or Order/direction shall not be
issued whereby directing the Respondents to facilitate
submission of Nomination Forms by the intending Candidates
through online mode in c/w General Election to all the
constituencies/seats of Gram Panchayats, Panchayat Samities
& Zilla Parishads of the State of Tripura, which is scheduled to
be polled on 08.08.2024.
ii. Issue Rule upon the Respondents to show cause as to why Writ
in the nature of mandamus and/or Order/direction shall not be
issued whereby directing the Respondents to accept Nomination
Forms from the intending Candidates at the Office of the State
Election Commissioner, Tripura, or the District Magistrate of
the concerned District, in c/w General Election to all the
constituencies/seats of Gram Panchayats, Panchayat Samities
& Zilla Parishads of the State of Tripura, which is scheduled to
be polled on 08.08.2024.
iii. Issue Rule upon the Respondents to show cause as to why Writ
in the nature of mandamus and/or Order/direction shall not be
issued whereby directing the Respondents to extend the last
date of submission of Nomination Forms in c/w General
Election to all the constituencies/seats of Gram Panchayats,
Panchayat Samities & Zilla Parishads of the State of Tripura,
2024, from 18.07.2024 to 22.07.2024.
iv. Make the rules absolute.
V. Call for records.
vi. Pass any further order/orders as this Hon'ble High Court
considered fit and proper.
And
For this act of kindness, the Petitioner, as is duty bound, shall ever
pray."
3. In WP(C) No.484 of 2024, following reliefs have been sought for:-
"That in view of the above the petitioners prays following reliefs:-
i. Admit this petition;
ii. Issue notice upon the Respondents;
iii. Call for records relevant to the subject matter;
iv. Issue Writ the respondents or each of them to immediately
create level playing field for the political parties in the ensuing
Tripura Panchayat Election 2024 scheduled to be held on
08.08.2024 and allow the intending candidates to submit
nomination papers through online to the Returning Officer;
v. Issue Writ directing the respondents or each of them to restore
law and order in the local limits of Panchayat areas in the
wake of Tripura Panchayat Election 2024, so that the persons
intending to participate in Election process may not be
disturbed, opposed, kidnapped or murdered by the goons
controlled by the Party in power;
vi. Issue Writ the State Election Commission to reschedule the date
of election extending the period of submission of nomination
papers in the ensuing election of members of Gram Panchayat,
Panchayat Samiti and Zilla Parishad, so that participation of
people of state can be ensure to restore democratic polity in the
State of Tripura;
vii. Issue Writ directing the respondents or each of them to restore
law and order in the local limits of Panchayat areas in the
wake of Tripura Panchayat Election 2024, so that the persons
intending to participate in Election process may not be
disturbed, opposed, kidnapped or murdered by the goons
controlled by the Party in power;
viii. Issue Writ directing the respondents or each of them to provide
adequate Central Security Personnel in the whole process of
election starting from submission of nomination papers till the
end of election to avoid rampant criminalization and violation
of level playing field in the Panchayat Elections by the goons in
the eye sight of State police;
ix. Issue Writ directing the respondents or each of them to make
necessary arrangements also allow the intending candidates of
all political parties to submit nomination papers in the office of
the District Magistrate & Collector as there is no congenial
atmosphere is the Block offices to submit nomination papers;
and
x. Also passed any other orders or orders as your Honour may
seem fit and proper regarding the facts and circumstances of
the case;
-AND-
For this act of kindness your above named Petitioners as in
duty bound shall ever pray."
4. We have heard Mr. P. Roy Barman, learned senior counsel assisted by
Mr. Samarjit Bhattacharjee, learned counsel appearing for the petitioners in
WP(C) 483 of 2024 and Mr. T. D. Majumder, learned senior counsel
assisted by Mr. S. Chakraborty, learned counsel appearing for the petitioners
in WP(C) 484 of 2024. Also heard Mr. S. S. Dey, learned Advocate General
assisted by Mr. D. Bhattacharjee, learned senior counsel and Mr. S. Saha,
learned counsel appearing for the State-respondents as well as the State
Election Commission.
5. Since common questions of law and facts are involved in both the
writ petitions, these are taken up and heard together for disposal by this
common judgment with the consent of learned counsel appearing for the
parties.
6. At the very outset, learned senior counsel appearing on behalf of the
petitioners have fairly submitted that they are well aware regarding the scope
of interference of this Court to pass any such directions which are not
mentioned in the statute, i.e. Tripura Panchayat Act and the Rules thereof.
They have fairly submitted that this Court may 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 can exercise their franchise
and to participate in the election process. They have also sought for adequate
protection to be provided to the candidates who are willing to submit
nomination papers.
7. Mr. S. S. Dey, learned Advocate General representing the State
Election Commission as well as Civil authorities of the State has
emphatically contended that there is none before this Court expressing their
grievances that he/they are not allowed to submit nomination papers at the
places mentioned in the notification for the Panchayat Election. Learned
Advocate General has apprised this Court that all security measures have
been taken to ensure free and fair election. Mr. Dey, learned Advocate
General has further submitted that the two petitions before this Court are not
at all maintainable since the petitioners have failed to make out a case
showing violations of any statutory provisions relating to submission of
nomination papers and conduct of free and fair elections.
8. We have considered the rival submissions advanced by learned
counsel appearing for the parties.
9. On perusal of the prayers made in the writ petitions, it comes to light
that the petitioners have sought for a direction upon the respondents to allow
them to file nomination papers online. The Tripura Panchayat Act and Rules
were framed in the year 1993. No statutory provision is prescribed to allow
the candidates to file nomination papers online.
10. In our opinion, with the advancement of digital technology and with
the over-increasing criminalization in politics, now it is high time that the
Election Commission is to bring necessary amendments in Law making
suitable provisions so that candidates willing to contest elections may file
nomination papers through electronic means. In the democratic system of
governance, the authorities concerned must ensure free and fair elections.
According to us, online filing of nominations would play vital role to fulfill
the commission's statutory duty to maintain the purity of elections. However,
true it is, any decision in this regard would depend on the specific legal
framework, and of course, the technological feasibility, which also may not
be very difficult to sort out in the present scenario.
[emphasis supplied]
11. Coming to the facts of the instant case, at this stage, law of the land on
the subject in issue makes our hands tied. Court is to act according to the
confines of the provisions prescribed in the statute. Courts cannot go beyond
the statute to pass any direction upon the respondents to adopt such
mechanism which is not in the statute itself. It is settled proposition of law
that during the process of election, the court cannot 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. At this stage, interference by
this court is not at all called for which is also conceded by learned counsel
appearing on behalf of the petitioners.
12. Yes, it is true that the petitioners in their petitions have raised certain
issues concerning their doubts about the conduct of free and fair elections.
We have also considered the submissions of learned Advocate General
appearing for the State who has assured this Court that all security measures,
though have already been taken, however it would be reviewed again if there
is any gap, and all steps would be taken to prevent any untoward incident
and to ensure conduct of free and fair elections.
13. Learned Advocate General also has fairly submitted that sanctity of
election should be maintained and the people's right to exercise their
franchise freely as enshrined in the Constitution of India should not be
curtailed or infringed.
14. In the light of above submissions, we direct the State Civil authorities
as well as 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. In furtherance thereof, the State Civil
authorities shall also ensure the conduct of free and fair Panchayat Elections
in the State of Tripura.
With the above observations and directions, the above writ petitions
are disposed of.
JUDGE JUDGE
Rohit
SANJAY GHOSH
by SANJAY
GHOSH Date: 2024.07.18
15:57:09 +05'30'
