The state’s main opposition CPI(M) and BJP have filed a caveat before the top court saying ex-parte orders should be passed.
The Supreme Court on Thursday stayed Calcutta High Court’s order asking West Bengal State Election Commission to accept nominations sent via email for upcoming Panchayat polls. It also directed the commission not to publish results of 34 per cent seats where there was no contest, till the court permits.
The State Election Commission (SEC) had earlier said that the operation of May 8 order would suffer “irreparable loss and injury”.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud was told by senior advocate Mukul Rohatgi, appearing for BJP’s West Bengal unit, that a copy of the SEC’s petition be supplied to them.
The state’s main opposition CPI(M) and BJP have filed a caveat before the top court saying ex-parte orders should be passed. The CPI(M) has claimed that many of its candidates were prevented from filing nominations by the state’s ruling Trinamool Congress. The Calcutta High Court had, on May 8, directed the SEC to accept e-nominations papers filed by the candidate within the stipulated time.
The order read: “In the backdrop of the discussions made hereinabove, we direct the State Election Commission to accept the nomination of all the candidates nominated by the appellant who have duly filed their nomination submitted the same electronically to the panchayat returning officers or the State Election Commission within 3 pm on April 23, 2018. We further direct that the names of such candidates be published in the list of candidates contesting in the panchayat elections, 2018, in respect of the constituencies for which they have filed their respective nominations.”
During the hearing the SEC had opposed the appellant’s plea to allow the filing of nominations through email, claiming that the West Bengal Panchayat Act did not have any such provision. The CPM had submitted a list of over 800 candidates, claiming they were prevented from filing nominations at the designated offices. The SEC had contested the claim, saying it had received 340 complaints on the last day of filing of nominations, of which 25 were sent through email. The poll panel had also said the 25 emails contained 62 nominations of intending candidates.