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Supreme Court of India 2018-08-24 allowed

West Bengal State Election Commission and Ors vs Communist Party of India (Marxist) and Ors

Bench: 3 — D.Y. Chandrachud

In Brief

The Supreme Court reversed the Calcutta High Court's direction requiring the West Bengal State Election Commission to accept nomination forms filed electronically for panchayat elections. The Court held that the Information Technology Act 2000 does not apply to constitutional election bodies, and that the Panchayat Elections Act constitutes a complete statutory code requiring nominations to be filed in person. Once an election process begins, courts must exercise restraint and avoid interlocutory interference. The Court emphasised that election disputes must be resolved through statutory election petitions, not writ jurisdiction, and extended the deadline for filing such petitions regarding uncontested seats to protect the electoral process's integrity.

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Election Law Constitutional Law Administrative Law Panchayat Elections Writ Jurisdiction Self-Restraint Doctrine

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