Communist Party of India (Marxist) v. State of West Bengal
(2018) 188 AIC 280
In the High Court of Calcutta
MAT 371/2018 and CAN 2347/2018
Before Justice Biswanath Somadder and Justice Arindam Mukherjee
Decided on May 08, 2018

Relevancy of the Case: Filing of election nomination papers through email

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 6, 90)
• The West Bengal State Election Commission Act (Section 3)
• The West Bengal Panchayat Elections Act, 2003

Relevant Facts of the Case

• Nominated candidates of CPI(M) were not able to reach the office of the Sub-Divisional Officer to file their nomination for election. They were prevented from travelling to the SDO’s office.
• Some of these candidates sent their nominations to the Election Commission and the Returning Officer through email.
• However, the State Election Commission refused to accept their nomination through electronic filing.

Prominent Arguments by the Advocates

• The petitioner submits that the Commission must accept the nomination through email as per Section 6 of the Information Technology Act, 2000.
• The Election Commission’s counsel submitted that the West Bengal Panchayat Elections Act, 2003 and rules issued thereunder do not accept the nomination in electronic form.

Opinion of the Bench

• The State Election Commission is a constitutional body. It has to act reasonably, transparently, and independently by allowing willing candidates to contest elections. This will provide more options to the electorate.
• Participation of a larger number of candidates in the election will enforce the rights guaranteed to the electorates.
• Hence, the Commission must accept the nomination of candidates who sent their nominations via email.

Final Decision

• The court issued directions to the Commission to accept the nominations in electronic form.