Communist Party of India (Marxist) v. State of West Bengal
![Filing of election nomination papers through email](https://cyberblogindia.in/wp-content/uploads/2022/01/Communist-Party-of-India-Marxist-v.-State-of-West-Bengal-865x433.png)
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.