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2017 Supreme(SC) 1890

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
Prakash Joshi – Appellant
Versus
Election Commission of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Kapil Sibal, Vivek Tankha, Aljo K. Joseph, Varun Chopra, Shelna K.
For the Respondents: Amit Sharma, Dipesh Sinha, Ayiala Imti, K.K. Venugopal, Madhavi Divan, Nidhi Khanna, Ayush Puri, Harish V. Shankar, Nisha Mohandas.

ORDER :

1. Mr. K.K. Venugopal, learned Attorney General submits that as far as Prayer (a) is concerned, the Election Commission of India has already implemented the same. The situation is accorded to by Mr. Amit Sharma, learned counsel for the Election Commission of India. As far as Prayer (b) is concerned, it is urged by Mr. K.K. Venugopal that guidelines have already been brought by the Election Commission of India. The same is disputed by Mr. Kapil Sibal and Mr. Vivek Tankha, learned senior counsel appearing for the petitioner. We leave it to the discretion of the Election Commission of India, as we are not inclined to enter into the said arena. As far as Prayer (c) is concerned, it is submitted by Mr. K.K. Venugopal that the Election Commission of India has issued appropriate guidelines, and this Court may say that no officer/official against whom disciplinary proceedings have been initiated shall be posted in any key positions.

2. Having heard Mr. K.K. Venugopal, we direct that the Election Commission of India shall not post any officer/official against whom the disciplinary proceedings has been initiated in any key position in any district.

3. As far as prayer (d) concerning ins

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