SC stays HC order on Bengal polls
Supreme Court on Thursday stayed the Calcutta High Court order that asked the West Bengal State Election Commission to accept nominations for contesting the panchayat elections in the state filed through e-mail.
A bench headed by Chief Justice Dipak Misra took note of the fact that almost 17,000 candidates have won the panchayat polls unopposed and dubbed it “worrying”, even while it directed the SEC not to declare them winners.
The bench, also comprising Justices AM Khanwilkar and DY Chandrachud, directed the state poll panel to ensure “free and fair” panchayat elections on May 14.
The apex court said the high court’s direction and the fact that 34% of the candidates have won unopposed, are “worrying”.
On May 8, the high court had directed the SEC to accept the nominations of those candidates named by CPI(M) who had filed their nominations electronically within the stipulated time of 3 pm on April 23.
Senior advocate PS Patwalia, appearing for one of the parties, said 17,000 seats —which is almost 34% of the total panchayat seats — have been won unopposed by candidates of one party, and that the election process was not being conducted properly.
Senior advocate Rakesh Dwivedi, representing the SEC, said the issue before the apex court did not pertain to candidates winning the polls unopposed, rather it was about a Calcutta HC order asking the poll panel to accept the nominations through e-mail.
Dwivedi said under the law, returning officers are required to scrutinise nomination papers after the candidates file the documents before them, as he termed the high court order “absurd”. He said the high court had read the Information Technology Act into the Representation of People Act.
The bench posted the matter for further hearing on July 3.
The SEC had moved the apex court seeking a stay of the HC order, saying it would suffer “irreparable loss and injury”.
NEWDELHI:The