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Supreme Court of India 2018-04-09 disposed

Bharatiya Janata Party West Bengal vs State of West Bengal & Ors

Bench: 2 — R.K. Agrawal

In Brief

The Bharatiya Janata Party (West Bengal) sought a Supreme Court writ directing the West Bengal State Election Commission to issue nomination forms online and provide police protection to its candidates, alleging they faced violent obstruction during panchayat elections. Although acknowledging reports of violence during nomination collection, the Court held that once an election process commences, it should not ordinarily interfere with its conduct. Instead, the Court held that the State Election Commissioner—the statutory authority empowered under the West Bengal Panchayat Elections Act, 2003—is the appropriate forum to hear and redress grievances raised by parties and candidates. The petition was disposed with directions granting liberty to all candidates to approach the State Election Commissioner with individual or collective grievances for appropriate redressal.

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Elections Electoral Law Panchayat Elections Administrative Law Constitutional Law Election Commission Mandamus Writ Jurisdiction

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