Sufficient Checks And Balances In Election Commission's Process: Calcutta High Court

The Calcutta High Court has held that there are sufficient checks and balances in the process adopted by the Election Commission of India while scrutinising the nomination of a parliamentary or assembly polls candidate.

It also concurred with the ECI's contention that if a complaint is received in proper form, it will obviously be enquired.

A division bench presided by Chief Justice T S Sivagnanam held that sufficient checks and balances are there in the process adopted by the EC while it scrutinises the nomination of a candidate for parliamentary or assembly elections.

Noting that the petitioner in a PIL seeks a new process to be put in place for such verification, the division bench, also comprising Justice Chaitali Chatterjee (Das), observed that this tantamounts to a legislative exercise which a court cannot do in exercise of its power under Article 226 of the Constitution.

The Article defines the powers of a high court.

"Thus, considering the role of the Election Commission of India and the prayer sought for, we are of the view that such new procedure cannot be directed to be put in place by a writ court by directing authorities to frame regulation," the bench said in its order on April 10.

The petitioner raised the issue of foreign nationals illegally obtaining Indian citizenship and participating in the electoral process, claiming that it is the responsibility of the ECI to ensure complete verification of citizenship.

The court said that it will, however, be open to any citizen to raise objection with regard to the validity of the nomination of a candidate for parliamentary or assembly constituencies.

Disposing of the PIL, the court noted that the EC assumes jurisdiction as and when an election is notified and when a candidate files nomination, the verification of the details provided by such person will be carried out by the Commission. 

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