SC refuses...

“For this court to set aside elections to over 20,000 seats would be to prejudge the basic issue as to whether in each of those constituencies the election stands vitiated by obstruction having been caused to candidates from filing their nominations. A general assumption of this nature cannot be made. Ultimately, whether this is correct would depend upon the evidence adduced in the facts of individual cases where such a grievance has been made in an election petition,” a bench headed by chief justice of India Dipak Misra said.

“…once the election process has commenced, it is trite law that it should not be interdicted mid stage,” said the bench, also comprising justices AM Khanwilkar and DY Chandrachud.

Candidates can contend in their petitions that the election process was vitiated by intimidation, as was alleged by opposition parties in Bengal, including Congress, BJP and CPI(M).

“The electoral process is afforded sanctity in a democracy. That is the reason why in a consistent line of precedent, this Court has insisted (earlier judgments) upon the discipline of the law being followed so that any challenge to the validity of an election has to be addressed by adopting the remedy of an election petition provided under the governing statute,” said the bench, while upholding an appeal by the state election commission against the Calcutta high court order allowing nominations to be filed by electronic mode.

The SC said that since the panchayat act stipulated that the candidate should appear in person, the high court could not have passed such an order by interpreting the provisions of the Information Technology Act.

Justice Chandrachud wrote the judgment and referred to the Bengal Panchayati Raj Act that allows for filing an election petition if a dispute arises on the validity of the poll. This has to be done within 30 days after the date of declaration of the result. The court found merit in the submis-