IMPORTANT POINT
Once the election process has been set in motion, the Court ought not to interfere.

ORDER

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 Commission-respondent 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 collect and deposit the nomination forms for the purpose of contesting the panchayat elections already notified and also direct the respondents Nos. 1 to 3 to call for Central Para-Military Forces to maintain the law and order during the conduct of the panchayat elections in the State of West Bengal.

2) We have heard Shri Mukul Rohatgi and Shri P.S.Patwalia the learned senior counsels appearing for the petitioner and Dr. Abhishek Manu Singhvi and Shri Amrendra Saran, learned senior counsel for the respondent Nos. 1 to 4 and Shri Tushar Mehta, learned Additional Solicitor General for respondent No. 7.

3) Relying upon the newspaper reports which appeared in the Times of India, Kolkata edition dated 03.04.2018 and 04.04.2018, the Statesmen, Kolkata edition dated 04.04.2018 and the Telegraph e-paper preview,the learned senior counsels for the petitioner submitted that the petitioner’s candidates who want to contest election for the panchayat which is to be held in the State of West Bengal are not allowed to collect the nominations forms and to submit the same on account of violent resistance being put by the supporters of the ruling party.

4) In support thereof, learned senior counsel for the petitioner placed before us a chart showing the nomination report cumulative upto 04.04.2018 in respect of Zila Parishad, Panchayat Samiti and Gram Panchayat.

5) At this juncture, learned senior counsel relied upon a decision dated 28.06.2013 passed in SLP (C) Nos. 19928-19931 of 2013 titled West Bengal State Election Commission Vs. State of West Bengal & Ors. to impress upon the court that on earlier occasion also when the panchayat election in the State of West Bengal was to be held in the year 2013, then this Court exercised its powers and directed to re-schedule the elections.

6) Learned Senior Counsel, therefore, submitted that the State Election Commission be directed to issue nomination papers on internet which may be downloaded, filled and submitted on internet by the candidates of the Petitioner as well as candidates of all other political parties including those persons who want to contest the election as independent candidates.

7) The learned counsel for the respondent, however, submitted that the writ petition has neither been filed by an individual candidate nor any details have been given to show that any candidate has been prevented by anybody from obtaining and filing the nomination papers. Thus, in view of the decision of this Court in the case of Bharat Singh and Others vs. State of Haryana & Others -(1988) 4 SCC 534, the writ petition itself is not maintainable.

8) Further, relying upon the decision in Boddula Krishnaiah and Anr. vs. State Election Commissioner, A.P. & Ors. – (1996) 3 SCC 416 wherein it was held as under:-

“….11. Thus, it would be clear that once an election process has been set in motion, though the High Court may entertain or may have already entertained a writ petition, it would not be justified in interfering with the election process giving direction to the election officer to stall the proceedings or to conduct the election process afresh, in particular when election has already been held in which the voters were allegedly prevented from exercising their franchise. As seen, that dispute is covered by an election dispute and remedy is thus available at law for redressal.”

Learned Senior Counsel for the respondent submitted that as the election process has