Supreme Court of India · 2018-08-24
WEST BENGAL STATE ELECTION COMMISSION vs COMMUNIST PARTY OF INDIA (MARXIST) ITS AUTHORIZED MEMBER, WEST BENGAL STATE COMMITTEE
- Citation / case number
- SC 2018/18089
- Court
- Supreme Court of India
- Petitioner
- WEST BENGAL STATE ELECTION COMMISSION
- Respondent
- COMMUNIST PARTY OF INDIA (MARXIST) ITS AUTHORIZED MEMBER, WEST BENGAL STATE COMMITTEE
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court stayed the Calcutta High Court's order allowing electronic nominations for panchayat elections, citing that the Information Technology Act 2000 does not apply to the West Bengal State Election Commission as it is a constitutional authority. The Court emphasized the need for fairness in the electoral process and directed that the elections scheduled for 14.5.2018 proceed as per law, while ensuring the purity of the election. The Court's holding reinforces the importance of adhering to established electoral laws without extending provisions from the IT Act to the Panchayat Elections Act 2003.