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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 set aside a High Court order directing the West Bengal State Election Commission to accept panchayat nomination papers filed electronically. The Court held that the Panchayat Elections Act 2003 and Rules constitute a complete statutory code requiring physical nomination filing, which cannot be altered by judicial direction. The IT Act 2000 does not apply to the State Election Commission, a constitutional body. Once elections commence, courts must exercise self-restraint and not issue mandatory directions contrary to statute. Electoral disputes must be challenged through election petitions, not writ jurisdiction. The Court also declined to set aside results in 20,000+ uncontested seats without specific evidence of obstruction, extending the election petition period under Article 142.

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Election Law Constitutional Law Administrative Law Panchayat Elections Writ Jurisdiction Information Technology Act Electoral Procedure

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