Tripura High Court urges Election Commission to allow e-filing of nomination to maintain purity of polls

The Tripura High Court on Thursday observed that the Election Commission should take steps to allow candidates to file nomination papers electronically [Tripura Pradesh Congress Committee and anr. v. The State Election Commission, Tripura and Ors]..A Bench of Justices Arindam Lodh and SD Purkayastha observed that online filing of nominations would play a vital role in fulfilling the Election Commission’s statutory duty to maintain the purity of elections."In our opinion, with the advancement of digital technology and with the over-increasing criminalization in politics, now it is high time that the Election Commission is to bring necessary amendments in Law making suitable provisions so that candidates willing to contest elections may file nomination papers through electronic means. In the democratic system of governance, the authorities concerned must ensure free and fair elections. According to us, online filing of nominations would play vital role to fulfill the commission’s statutory duty to maintain the purity of elections," the Court said in its July 18 order. The Court acknowledged that any decision on these aspects would depend on the specific legal framework and the technological feasibility, but added that the suggested changes may not be very difficult to to bring about in the current scenario..The Court passed the order while dealing with petitions urging the election commission authorities to allow the submission of nomination forms online for panchayat elections in Tripura, which are scheduled to be held on August 8.The petitioners included the Tripura Pradesh Congress Committee and the Communist Party of India (Marxist). The petitioners also flagged concern that the law and order in the Panchayat areas should be restored ahead of the Tripura Panchayat Election 2024 to ensure that those intending to participate in the election process are not disturbed, opposed, kidnapped, or murdered by goons controlled by the ruling party..The petitioners' counsel acknowledged the Court's limited ability to issue directives beyond the Tripura Panchayat Act and its Rules. However, they requested that the Court direct the State authorities and the State Election Commission to ensure a fair election and create an environment where voters can freely participate..The counsel for the State Election Commission and civil authorities argued that there was no allegation that the candidates were unable to submit nomination papers. The counsel assured that all necessary security measures have been implemented to ensure a fair election, and added that the petitions were not maintainable since they did not demonstrate any violation of the law concerning free and fair elections. .The Court observed that it cannot exceed the statutory framework to mandate the adoption of mechanisms not provided for within the statute itself."It is settled proposition of law that during the process of election, the court cannot pass any direction to remove any kinds of irregularities or malpractices by any person or persons. The statute gives liberty to any of the electorate or the candidates or any person or persons to raise their grievance after completion of the entire election process before an appropriate forum," the Court noted. However, to ensure the sanctity of the elections, the Court called on the State to take all steps to prevent any untoward incident and to ensure the conduct of free and fair elections."The State Civil authorities as well as State Election Commission to provide adequate security to the candidates willing to submit nomination papers at the place mentioned in the notification of Panchayat Election. In furtherance thereof, the State Civil authorities shall also ensure the conduct of free and fair Panchayat Elections in the State of Tripura," the Court ordered. .Senior advocates P Roy Barman and TD Majumdar along with advocates Samarjit Bhattacharjee, Kawsik Nath, Dipjyoti Paul, S Saha, R Purkayastha, and S Chakraborty appeared for the petitioners.Advocate General SS Dey, senior advocate D Bhattacharjee and Advocate S Saha appeared for the respondents (State and State Election Commission authorities)..[Read Order]