- (1.) The instant appeal arises out of an order dated 25th April, 2018, by which the learned Single Judge disposed of the writ petition, being W.P. 4933(W) of 2018, by holding, "Accordingly, this Court does not detain the writ petition any further by inviting affidavits. No orders of intervention are called for from this Court at this stage."
(2.) On a perusal of the writ petition, it appears that the appellant, being the writ petitioner, inter alia, alleged that nominated candidates of the petitioner on being prevented could not reach the office of the concerned Block Development Officer or Sub-Divisional Officer to file their nomination. A few nominated candidates who were able to return from the office of the Block Development Officer somehow managed to send their nomination through e-mail to the Election Commission as well as to the Returning Officer. The State Election Commission though should have allowed the intending candidates to file their nomination through e-filing, inter alia, refused to accept such e-filing. It is also the case of the writ petitioner that in terms of section 6 of the Information Technology Act, 2000 (hereinafter referred to as the Act of 2000) filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government (which expression includes the State Election Commission) is permissible. The Commission should have entertained the nomination papers sent through e-mail. It is the further case of the writ petitioner that the website of the West Bengal State Election Commission itself shows that they already have such mechanism.
(3.) It appears from the writ petition that several prayers had been made. One of the alternative prayers is as follows:- "A Writ of and/or in the nature of mandamus by directing the West Bengal State Election Commission to accept the nominations already filed by email or other electronic method.";