The court emphasized the democratic principles and wider participation in the election process, directing the acceptance of e-filed nominations within the specified time.

1. The instant appeal arises out of an order dated 25th April, 2018, by which the learned Single Judge disposed of the writ petition, being W.P. 4933(W) of 2018, by holding,

“Accordingly, this Court does not detain the writ petition any further by inviting affidavits.

No orders of intervention are called for from this Court at this stage.”

2. On a perusal of the writ petition, it appears that the appellant, being the writ petitioner, inter alia, alleged that nominated candidates of the petitioner on being prevented could not reach the office of the concerned Block Development Officer or Sub-Divisional Officer to file their nomination. A few nominated candidates who were able to return from the office of the Block Development Officer somehow managed to send their nomination through e-mail to the Election Commission as well as to the Returning Officer. The State Election Commission though should have allowed the intending candidates to file their nomination through e-filing, inter alia, refused to accept such e-filing. It is also the case of the writ petitioner that in terms of section 6 of the Information Technology Act, 2000 (hereinafter referred to as the Act of 2000) filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government (which expression includes the State Election Commission) is permissible. The Commission should have entertained the nomination papers sent through e-mail. It is the further case of the writ petitioner that the website of the West Bengal State Election Commission itself shows that they already have such mechanism.

3. It appears from the writ petition that several prayers had been made. One of the alternative prayers is as follows:-

“A Writ of and/or in the nature of mandamus by directing the West Bengal State Election Commission to accept the nominations already filed by email or other electronic method.”

4. As it appears from the order impugned, the appellant (being the writ petitioner) pressed for the alternative prayer (supra) and on such prayer being turned down, the same has given rise to the instant appeal.

5. Before us the appellant (being the writ petitioner) reiterated the same and further contended that the election process in its true sense cannot be said to have commenced unless the intending candidates are allowed to file their nomination papers. The appellant also contends that section 6 of the Act of 2000 read with section 90 thereof permits the State Election Commission to accept nominations sent through e-mail. The appellant also reiterated the submission made before the learned Single Judge that there is a mechanism in the website of State Election Commission to accept nomination papers through e-mail.

6. The learned senior counsel appearing on behalf of the appellant submitted that the appellant does not intend to go into detailed argument and the appellant’s purpose would be sub-served if the intending candidates who have filed their nomination through e-mail be allowed to contest for elections to the Gram Panchayats, Panchayat Samities and Zilla Parishads.

7. At the first date of hearing (i.e. on 2nd May, 2018) we made it clear to the appellant that if at all we are inclined to grant any relief to the appellant, it would be confined to the intending candidates who had filed their nomination by e-mail by 23rd April, 2018 on or before 03:00 p.m., being the cut-off date and time as per the notification of the State Election Commission dated 21st April, 2018. In order to enable us to consider the grievances of the appellant, we directed to the appellant to prepare a list of candidates, who, according to the appellant, had filed their nomination before 23rd April, 2018 prior to 03:00 p.m. and supply a copy thereof to the State Election Commission so that the State Election Commission could look into the same, but the Commission was even reluctant to look into such list.

8. At the beginning of the heari