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West Bengal Challenges Calcutta High Court's Proposal for Online Filing of Nomination in Polls; Demands Central Government to Lead the Way

Last Updated: 2023-06-10 11:30:49
West Bengal Challenges Calcutta High Court's Proposal for Online Filing of Nomination in Polls; Demands Central Government to Lead the Way

The West Bengal government, in response to the suggestion by the Calcutta High Court, expressed opposition to the idea of allowing online filing of nomination forms for the upcoming panchayat polls in the state, scheduled to be held next month. The government's counsel questioned why West Bengal should be the only state to implement this when no other state does so. The counsel further argued that if such a direction is to be issued, it should first be directed to the Central government, which is ruled by the Bharatiya Janata Party (BJP).

The counsel representing the state government proposed that the BJP government at the Central level should be the first to modify the rules and accept online nomination papers, and then West Bengal would follow suit. The Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya suggested that the State Election Commission (SEC) should consider accepting nomination forms online, stating that the Election Commission should stay updated with the latest technologies to ensure fair and violence-free elections. The Chief Justice also expressed the opinion that filing nomination papers online would be beneficial for scrutiny purposes.

The High Court was hearing multiple petitions, including ones requesting the SEC to accept nomination forms online. The petitioners claimed that the candidates feared for their safety due to alleged capture of the block offices by workers of the ruling Trinamool Congress (TMC). They urged the court to allow candidates to submit their papers either at the District Magistrate's office, the SEC office in Kolkata, or through online mode.

However, the counsel representing the West Bengal government strongly opposed the suggestion of online filing of nomination forms, stating that it was not feasible. The counsel argued that the Chief Election Commission should be the first to allow online filing, and pointed out that even the Parliament does not permit it. The counsel questioned why West Bengal should implement something that no other state does.

In response to the counsel's arguments, Chief Justice Sivagnanam remarked that West Bengal has been the first in several matters and encouraged the state to be the first in this as well. However, the counsel refused to accept the suggestion, stating, "No Milords. We do not want to be the first in this."

The petitioners also challenged the notification issued by the State Election Commission, which granted only five days for candidates to file their nomination papers for the upcoming panchayat polls. The Court expressed the view that the five-day period appeared to be short and insufficient for candidates to complete and submit their nomination papers.

During the hearing, the Court stressed the importance of the SEC acting independently as an independent body, whether at the state or national level. The bench ordered the West Bengal government and the SEC to submit their responses by June 12, the next date of the hearing.

The petitions also requested the deployment of paramilitary forces to prevent violence, as the state has witnessed violent clashes during past elections. They further sought the use of modern technology, such as CCTV and videography, throughout the electoral process.

The High Court adjourned the hearing until June 12, considering the time constraints imposed by the notification, as candidates had only until Wednesday to submit their papers, with Saturday and Sunday being holidays. The court stated that it would examine these factors and await the responses from the government and the SEC.

TAGS: West Bengal government Calcutta High Court online filing nomination forms panchayat polls State Election Commission Chief Justice Bharatiya Janata Party (BJP) Central government Trinamool Congress (TMC) petitioners block offices scrutiny Chief Election Commission Parliament notification five days independent body paramilitary forces violence CCTV videography hearing response.


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