IMPORTANT POINTS
West Bengal State Election Commission being a constitutional authority not covered by the IT Act.
Any reform of electoral process including filing nomination in electronic form can only be carried out by a legislative amendment. Issue of mandamus by High Court to accept nomination in electronic form was not permissible. Such direction held violative of Article 243 O and without jurisdiction under Article 226.
Any dispute in regard to the validity of the election has to be espoused only through election petition.

JUDGMENT

Dr. D.Y. Chandrachud, J.

1. Leave granted.

2. After the process commenced in the State of West Bengal for elections to the panchayats, a Division Bench of the Calcutta High Court issued directions on 8 May 2018 to the State Election Commission to accept nominations submitted in the electronic form. The names of those candidates were directed to be published in the list of candidates contesting the panchayat elections of 2018. In issuing these directions, the High Court was conscious of the fact that the provisions of the Information Technology Act 2000 did not apply to the West Bengal State Election Commission, which is a constitutional authority. Nonetheless, the High Court held that the provisions of the Information Technology Act 2000 shall be deemed to be read into the provisions of the West Bengal Elections Act 2003. Holding that such a construction would further the democratic process and facilitate a fair and free election, the High Court issued directions for the acceptance of nominations in the electronic form. The judgment of the High Court has been challenged in these proceedings by the West Bengal State Election Commission.

3. Notice was issued by this Court on 10 May 2018 and the following interim directions were issued:

“(i) There shall be a stay of the impugned judgment and order dated 8.5.2018 passed by the Division Bench of the High Cout;

(ii) The Panchayat election scheduled to be held on 14.5.2018, shall proceed as per law;

(iii) The petitioners i.e. the West Bengal State Election Commission and its functionaries shall see to it that the election which is scheduled for 14.5.2018 is held in absolute fairness, keeping in view the concept of purity of an election in a democracy;

(iv) The election process in respect of the constituencies shall be completed in all aspects and the results of the election can be notified as per law; and

(v) The petitioners shall not notify the result in respect of the constituencies where there has been no contest, without the leave of this Court.”

4. Arrayed as respondents to these proceedings are the Communist Party of India (Marxist), the State of West Bengal through the Secretary, Department of Home, the Secretary in the Department of Panchayat and Rural Development, the All India Trinamool Congress, Ananda Bazar Patrika, Times of India and the Bharatiya Janata Party, West Bengal through its Vice President. We have heard learned counsel for the parties. We have also heard a large number of intervenors in these proceedings.

5. A reference to the salient events will facilitate an understanding of the controversy. On 31 March 2018, the State government issued a notification for holding panchayat elections in West Bengal on 1,3 and 5 May 2018. The State Election Commission announced a schedule for the ensuing panchayat elections, exercising power under Sections 42 and 43 of the West Bengal Panchayat Elections Act 2003 (“Panchayat Elections Act”). The first notification issued by the State Election Commission in respect of twelve districts stipulated the election schedule for gram panchayats, panchayat samitis and zilla parishads governed by the West Bengal Panchayat Act 1973. The last date for making nominations was 9 April 2018; scrutiny of nominations was to take place on 11 April 2018; the last date for withdrawal of candidatures was 16 April 2018; and the poll, if necessary, was to be concluded on 1 May 2018. By two other notifications also of 2 April 2018, the election schedule was announced respectively for two districts and six districts. The election programme was the same, save and except for the dates of polling which were 3 and 5 May 2018.

6. On 6 April 2018, a public interest litigation was moved before the Calcutta High Court by a person - Adhir Ranjan Chowdhury of the Indian National Congress for challenging the election notification. Simultaneously a writ petition [W P (C) No 302 of 2018] under Article 32 of the Constitution was instituted before this Court