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2016 Supreme(SC) 1221
SUPREME COURT OF INDIA
T.S. Thakur, CJI., D.Y. Chandrachud, L. Nageswara Rao, JJ.
Lok Prahari Thr. Its General Secretary, S.N. Shukla - Petitioner
Versus
Election Commission of India & Ors. - Respondents
Writ Petition (Civil) No. 330 of 2016 & C.A. No. 8483 of 2016
Decided On : 07-11-2016
Advocate Appeared:
For the Petitioners:Petitioner-in-person, K.C. Mittal, Ms. Rukhmini S. Bobde, Kush Chaturvedi, Siddharth Jain
For the Respondents: Nishant Ramakantrao Katneshwarkar, Arpit Rai
For the ECI : Ms. Meenakshi Arora, Mohit D. Ram, Ms. Monisha Handa, Neeraj Kumar, Maninder Singh, R. Balasubramaanian, Prabhas Bajaj, D.S. Mahra
The court has the discretion to grant time for filing counter affidavits and issue notices to the concerned parties as deemed necessary for the proceedings.
Headnote:
Counter Affidavit - Time for Filing - The court granted time for filing counter affidavits to the respondents and directed the issuance of notices to the concerned parties. The State of Maharashtra was also granted time for filing a counter affidavit.
Fact of the Case:
The court granted time for filing counter affidavits to the respondents and directed the issuance of notices to the concerned parties. The State of Maharashtra was also granted time for filing a counter affidavit.
Finding of the Court:
The court allowed time for filing counter affidavits and directed the issuance of notices to the concerned parties.
Issues: Time for filing counter affidavits, issuance of notices to respondents
Ratio Decidendi: The court has the discretion to grant time for filing counter affidavits and issue notices to the concerned parties as deemed necessary for the proceedings.
Final Decision: The court granted time for filing counter affidavits and directed the issuance of notices to the concerned parties, while also allowing the State of Maharashtra time for filing a counter affidavit.
ORDER :
W.P.(C) No.330 of 2016:
Ms. Meenkashi Arora, learned senior counsel for the respondent is granted six weeks' time for filing counter affidavit. Notice shall, in the meantime, issue to respondents No. 2, 3 and 4. Notice to respondent No. 5 and 6 are dispensed with. Mr. Maninder Singh, learned ASG appears on behalf of respondent No. 2. He may file counter affidavit within six weeks. Notice shall in that view issue to respondents No. 3 and 4 only.
2. Rejoinder, if any, be filed within four weeks.
3. Post for hearing before a Three-Judge Bench after the pleadings are complete.
C.A. No. 8483 of 2016:
4. Ms. Meenakshi Arora, learned senior counsel seeks time to file counter affidavit. She may do so within six weeks.
5. Fresh notice shall issue to respondents No. 4 and 5 returnable within six weeks.
6. At this stage, learned counsel for the State of Maharashtra is granted six weeks' time for filing counter affidavit.
