Tripura High Court Urges Election Commission to Enable E-Filing of Nominations to Ensure Election Integrity
The Tripura High Court on Thursday observed that the Election Commission should take steps to allow candidates to file nomination papers electronically. A Bench of Justices Arindam Lodh and SD Purkayastha highlighted that online filing of nominations would play a vital role in fulfilling the Election Commission’s statutory duty to maintain the purity of elections.
“In our opinion, with the advancement of digital technology and the increasing criminalization in politics, it is high time that the Election Commission brings necessary amendments in law to allow candidates to file nomination papers through electronic means. In a democratic system, the authorities must ensure free and fair elections. Online filing of nominations would significantly help the commission maintain the purity of elections,” the Court stated in its July 18 order.
The Court acknowledged that implementing such changes would depend on the specific legal framework and technological feasibility but noted that these adjustments might not be too difficult to achieve.
The order was issued while addressing petitions urging election authorities to allow online submission of nomination forms for the upcoming panchayat elections in Tripura, scheduled for August 8. The petitioners included the Tripura Pradesh Congress Committee and the Communist Party of India (Marxist).
The petitioners also expressed concerns about restoring law and order in Panchayat areas ahead of the elections to ensure that candidates are not disturbed, opposed, kidnapped, or harmed by goons controlled by the ruling party.
While the petitioners’ counsel recognized the Court’s limited ability to issue directives beyond the Tripura Panchayat Act and its Rules, they requested that the Court direct the State authorities and the State Election Commission to ensure a fair election and create an environment where voters can participate freely.
Counsel for the State Election Commission and civil authorities argued that there was no allegation that candidates were unable to submit nomination papers and assured that all necessary security measures had been implemented to ensure a fair election. They added that the petitions were not maintainable as they did not demonstrate any violation of laws concerning free and fair elections.
The Court observed that it could not exceed the statutory framework to mandate the adoption of mechanisms not provided for within the statute itself. “It is a settled proposition of law that during the election process, the court cannot pass any direction to remove any irregularities or malpractices by any person. The statute gives liberty to any electorate, candidates, or persons to raise grievances after the election process is completed before an appropriate forum,” the Court noted.
However, to ensure the sanctity of the elections, the Court called on the State to take all necessary steps to prevent any untoward incidents and ensure the conduct of free and fair elections.
“The State Civil authorities and the State Election Commission must provide adequate security to candidates willing to submit nomination papers at the designated locations. The State Civil authorities shall also ensure the conduct of free and fair Panchayat Elections in Tripura,” the Court ordered.
Senior advocates P Roy Barman and TD Majumdar, along with advocates Samarjit Bhattacharjee, Kawsik Nath, Dipjyoti Paul, S Saha, R Purkayastha, and S Chakraborty, appeared for the petitioners. Advocate General SS Dey, senior advocate D Bhattacharjee, and Advocate S Saha appeared for the respondents (State and State Election Commission authorities).
