Tripura High Court Decision on Online Panchayat Nominations

July 19, 2024

The Tripura High Court declined the pleas of the Tripura Pradesh Congress Committee and Communist Party of India (Marxist) on Thursday (July 18), ruling against directing the Tripura State Election Commission to accept nominations for panchayat elections through online means.

The court, consisting of Justices Arindam Lodh and S.D. Purkayastha, noted that the Tripura Panchayat Act and its associated rules do not include provisions allowing candidates to submit nomination papers online. They emphasized that courts cannot mandate the adoption of mechanisms not explicitly provided for in the statute.

Nevertheless, the division bench recommended that, in light of advancing digital technology and concerns about increasing criminalization in politics, the Election Commission should explore the possibility of enabling candidates to electronically submit their nomination papers.

The Court underscored that online submission of nominations could significantly contribute to fulfilling the commission’s statutory obligation to uphold the integrity of elections.

In our view, considering the rapid advancement of digital technology and the escalating issue of criminalization in politics, it is imperative for the Election Commission to introduce appropriate legal amendments. These amendments should facilitate candidates’ ability to submit nomination papers electronically. In a democratic governance framework, ensuring free and fair elections is paramount. We believe that enabling online filing of nominations would significantly aid the Election Commission in fulfilling its statutory responsibility to uphold the integrity of elections,” observed the Court.

However, the Court noted that any decision on this matter would hinge on the specific legal framework and technological feasibility, which are likely manageable in the current scenario.

These observations were made by the bench while addressing a writ petition filed by the Communist Party of India (Marxist) and the Tripura Pradesh Congress Committee, seeking a directive for the State Election Commission to allow candidates to file nomination papers online. This was proposed to ensure that individuals intending to participate in the electoral process are protected from disruptions, opposition, kidnapping, or violence orchestrated by groups aligned with the ruling party.

The petition aimed to rectify irregularities or malpractices during elections, promote widespread participation among the state’s populace, and reinstate democratic practices in Tripura.

In its judgment authored by Justice Arindam Lodh, the Court declined to issue such a directive, deeming it inappropriate for the Court to intervene at this stage of the election process to address irregularities or malpractices committed by any individual or group.

Rather than mandating the State Election Commission to accept online nominations, the Court directed the State Civil authorities and the State Election Commission to ensure adequate security for candidates submitting nomination papers at locations specified in the Panchayat Election notification.

“In light of the above submissions, we direct the State Civil authorities and the State Election Commission to provide sufficient security to candidates willing to submit nomination papers at the locations specified in the Panchayat Election notification. Furthermore, the State Civil authorities must ensure the conduct of free and fair Panchayat Elections in Tripura,” stated the Court.

Petitioner(s) Counsel: