The Tripura High Court on Thursday rejected the plea of the opposition CPI(M) and the Congress party in Tripura for online submission of nomination papers and upheld consideration of online submission by the Election Commission in near future.
After hearing the plea of the CPI(M) and the Congress party, the High Court observed, “With the advancement of digital technology and with the over-increasing criminalization in politics, now it is high time that the Election Commission is to bring necessary amendments in Law making suitable provisions so that candidates willing to contest elections may file nomination papers through electronic means.”
“According to us, online filing of nominations would play vital role to fulfill the commission's statutory duty to maintain the purity of elections,” the court stated.
Disposing the plea, the court further stated, “However, true it is, any decision in this regard would depend on the specific legal 124 framework and of course, the technological feasibility, which also may not be very difficult to sort out in the present scenario.”
“Coming to the facts of the instant case, at this stage, law of the land on the subject in issue makes our hands tied. Court is to act according to the confines of the provisions prescribed in the statute. Courts cannot go beyond the statute to pass any direction upon the respondents to adopt such mechanism which is not in the statute itself,” it further stated, adding that It is settled proposition of law that during the process of election, the court cannot pass any direction to remove any kinds of irregularities or malpractices by any person or persons.
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