DR.DHANANJAYA Y.CHANDRACHUD,J.- - (1.) Leave granted.
(2.) After the process commenced in the State of West Bengal for elections to the panchayats, a Division Bench of the Calcutta High Court issued directions on 8 May 2018 to the State Election Commission to accept nominations submitted in the electronic form. The names of those candidates were directed to be published in the list of candidates contesting the panchayat elections of 2018. In issuing these directions, the High Court was conscious of the fact that the provisions of the Information Technology Act 2000 did not apply to the West Bengal State Election Commission, which is a constitutional authority. Nonetheless, the High Court held that the provisions of the Information Technology Act 2000 shall be deemed to be read into the provisions of the West Bengal Elections Act 2003. Holding that such a construction would further the democratic process and facilitate a fair and free election, the High Court issued directions for the acceptance of nominations in the electronic form. The judgment of the High Court has been challenged in these proceedings by the West Bengal State Election Commission.
(3.) Notice was issued by this Court on 10 May 2018 and the following interim directions were issued: "(i) There shall be a stay of the impugned judgment and order dated 8.5.2018 passed by the Division Bench of the High Cout; (ii) The Panchayat election scheduled to be held on 14.5.2018, shall proceed as per law; (iii) The petitioners i.e. the West Bengal State Election Commission and its functionaries shall see to it that the election which is scheduled for 14.5.2018 is held in absolute fairness, keeping in view the concept of purity of an election in a democracy; (iv) The election process in respect of the constituencies shall be completed in all aspects and the results of the election can be notified as per law; and (v) The petitioners shall notify the result in respect of the constituencies where there has been no contest, without the leave of this Court.";