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The Communist party of India approached the High Court against the State Election Commission to reject the nominations through emails. This was denied by the single Bench but later on, an appeal was filed before Division Bench.
The communist party contended before the Division Bench that according to Information Technology Act, 2000 and Section 90, the State Election Commission is allowed to accept nomination through e-mail through an online mechanism. The court observed that filing of nomination through e-mail prevents large-scale violence, bloodshed and loss of human life, which revolves around panchayat elections and further it recognizes the democratic principles which form an important part in the election process. The Calcutta High Court directed the State Election Commission to accept the nominations of all candidates who have duly filed their papers electronically. The Court allowed the candidates in the uncontested seats to file Election petitions challenging the election within 30 days.
An appeal was filed in the Supreme Court against the order of Calcutta High Court, wherein the court had stayed the order and passed several interim orders, directing -that the Panchayat Election is to be proceeded as per law- that the petitioners and its functionaries shall make sure that the election is held in fair manner-that the results of the election shall be notified as per law. The Bench further restrained the State Election Commission to not issue the results in respect of those constituencies where there has been no contest, without the permission of the court.
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