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2000 Supreme(SC) 1570

SUPREME COURT OF INDIA
Election Commission of India
Vs.
Union of India
Decided on SEPTEMBER 21, 2000

The central legal point established in the judgment is the disposal of the writ petition in accordance with the Terms of Settlement between the Election Commission of India and the Union of India.

Headnote:

The Election Commission of India - Disposal of Writ Petition in Terms of Settlement - The writ petition is disposed of in terms of the Terms of Settlement. Special leave petitions and transfer petitions related to the writ petition are dismissed or allowed to be withdrawn as per the settled terms.

Fact of the Case:

The writ petition between the Election Commission of India and the Union of India is disposed of in terms of the Terms of Settlement recorded in an interim application.

Finding of the Court:

The court disposed of the writ petition in accordance with the Terms of Settlement between the Election Commission of India and the Union of India. Special leave petitions and transfer petitions related to the writ petition were dismissed or allowed to be withdrawn based on the settled terms.

Issues: The main issue was the disposal of the writ petition in light of the Terms of Settlement between the Election Commission of India and the Union of India.

Ratio Decidendi: The court's decision was influenced by the Terms of Settlement between the Election Commission of India and the Union of India, leading to the disposal of the writ petition and related special leave and transfer petitions.

Final Decision: The writ petition was disposed of in terms of the settled Terms of Settlement, and special leave petitions and transfer petitions related to the writ petition were dismissed or allowed to be withdrawn based on the settled terms.

( 1 ) I. A. No. 5 of 2000 in W. P. (C) No. 606 of 1993 : As between the election Commission of India and the Union of india (the petitioner and the first respondent to the writ petition), it is agreed that the writ petition be disposed of in terms of the Terms of Settlement recorded in paragraph (3) of the interim application.

( 2 ) LEARNED counsel for the Election commission and the Union of India state that the states of Tripura, Maharashtra, Tamil Nadu, adnhra Pradesh and Mizoram have accepted these terms in toto. Insofar as other States are concerned, there is some reservation either in respect of one or the other term or altogether.

( 3 ) THE writ petition is disposed of in terms of aforesaid Terms of Settlement. As against states other than Respondents 4,6 and 7, the writ petition is allowed to be withdrawn and the issue is left open to be agitated in the appropriate proceedings, if raised.

( 4 ) S. L. P. (C) No. 12481 of 1993 : Learned counsel for the Election commission of India (petitioner) states that the special leave petition has become in-fructuous. It is disposed of as such.

( 5 ) S. L. P. (C) No. 12721 of 1993 : Learned counsel states that the issue involved in the original writ petition has been settled. On the application of learned counsel for the petitioner, the special leave petition is dismissed as withdrawn.

( 6 ) T. P. (C)NO. 772 of 1993 : The transfer petition relating to the aforementioned writ petition, therefore, does not survive and is dismissed as withdrawn.

( 7 ) T. P. (C) Nos. 774-75 of 1993 :learned counsel for the Election commission of India (petitioner) states that these transfer petitions have become in-fructuous. They are disposed of as such.

( 8 ) T. C. No. 39 of 1996: the petitioner in-person is not present despite notice. In any event, the issue is now settled by the Terms of Settlement between the Election Commission of India and the union of India in Writ Petition (C) No. 606 of 1993. The transferred case is, therefore, dismissed.

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