W. Bengal Govt Objects HC Proposal for Online Filing of Poll Nomination

The West Bengal government has recently objected to the proposal put forth by the Calcutta High Court to permit online submission of nomination forms for the forthcoming panchayat polls scheduled to take place next month in the State.

The State government’s counsel questioned why West Bengal should be the only one to implement this practice when no other State has done so.

The counsel also stated that any such directive should initially be issued to the Central government.

“Let the Central government or the Chief Election Commission do it first. In fact, Central government is being run by BJP. Let the BJP government be first in this and let them modify the rules to accept online nomination papers. We will follow them,” the counsel submitted.

Following a recommendation by Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya, the West Bengal government has expressed its disagreement with the proposal put forth by the Calcutta High Court to allow online submission of nomination forms.

During the hearing of several petitions, which included a request for the State Election Commission (SEC) to accept nomination forms online, CJ Sivagnanam emphasized the importance of the Election Commission keeping up with technological advancements to ensure fair and peaceful elections.

“The Election Commission must be abreast with latest technologies and try using the same to ensure free, fair and violence free elections,” CJ Sivagnanam stated.

The Chief Justice opined that online filing of nomination papers would facilitate the scrutiny process. The petitioners argued that the candidates feared for their safety as they believed the block offices, where nominations had to be filed, were under the control of workers from the ruling Trinamool Congress (TMC).

Consequently, the petitioners urged the court to permit candidates to submit their papers either at the District Magistrate’s office, the SEC office in Kolkata, or through an online mode. However, the counsel representing the West Bengal government strongly opposed the suggestion to enable online filing of nomination forms.

“This cannot be done. First let the Chief Election Commission allow online filing we will consider it then. Even the Parliament doesn’t allow online filing. No other State does it. Why should we?” the counsel contended.

At this, CJ Sivagnanam responded,

“Mr counsel, West Bengal has been first in several things. Be first even in this.”

However, the counsel representing the State adamantly rejected the suggestion to implement online filing of nomination forms.

The petitioners additionally challenged the notification released by the State Election Commission (SEC), which allowed only a five-day window for candidates to file their nomination papers for the upcoming panchayat polls.

The division bench remarked that at first glance, the five-day duration provided by the SEC appeared insufficient for candidates to complete and submit their nomination papers.

“The Election Commission, be it State one, is and must act as an independent body. The period of five days, we prima facie, are of the view is too short for the candidates of over 75,000 seats to submit their papers,” the bench stated.

“If we go by the notification, the candidates have time only till Wednesday to submit their papers. So, among the five days, Saturday and Sunday is a holiday. We will examine all this. Let them respond,” the bench stated while adjourning the matter for 12^th June, 2023.