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SUPREME COURT OF INDIA
D.Y. CHANDRACHUD, C.J.I., SANJIV KHANNA, B.R. GAVAI, J.B. PARDIWALA, MANOJ MISRA, JJ.
Association for Democratic Reforms and Another – Petitioners
Versus
Union of India and Others – Respondents
Writ Petition (Civil) No. 880 of 2017
Decided On : 02-11-2023
| Table of Content |
|---|
| 1. representation of petitioners and respondents. (Para 1 , 2) |
| 2. conclusion of arguments and judgment reserved. (Para 3 , 4) |
| 3. directive for election commission data submission. (Para 5 , 6 , 7) |
ORDER :
1. We have heard Mr. Prashant Bhushan, learned counsel, Mr. Kapil Sibal, learned senior counsel, Mr. Shadan Farasat and Mr. Nizam Pasha, learned counsel, appearing on behalf of the petitioners. Mr. Vijay Hansaria, Mr. Sanjay R. Hegde, learned senior counsel and Mr. P. B. Suresh, learned counsel, appearing on behalf of the intervenors, supported the petitioners.
2. On behalf of the Union of India, we have heard Mr. R. Venkataramani, learned Attorney General for India and Mr. Tushar Mehta, learned Solicitor General with Mr. Kanu Agrawal, learned counsel. Submissions have been advanced on behalf of the Election Commission of India by Mr. Amit Sharma, learned counsel.
3. Arguments concluded.
4. Judgment reserved.
5. On 12 April 2019, an interim direction was issued by this Court to the Election Commission of India. The Election Commission of India has produced in a sealed packet data in terms of the interim order as of April 2019. The order of this Court was not restricted to the date on which it was pronounced. If there was any ambiguity, it was necessary for the Election Commission to seek a clarification from this Court. In any event, we now direct that the Election Commission shall produce up-to-date data until 30 September 2023 in terms of the interim directions which were issued on 12 April 2019.
6. This exercise shall be carried out on or before 19 November 2023.
7. Data in a sealed packet shall be handed over to the Registrar (Judicial) of this Court.
The Court emphasized the Election Commission's obligation to comply with judicial directives regarding electoral data transparency and accountability.
Compliance with court orders and the obligation of disclosure of information by relevant parties.
Election Commission's undertaking to implement circular suffices for petition dismissal.
Maharashtra State Co-operative Election Authority - Cut-off date for election - Election Authority rejecting to extend cut off date without recording sufficient reasons has not been exercised judicio....
Election petitions must be filed within 45 days of election results; failure to comply with statutory requirements leads to dismissal.
Election process immune from judicial interference once commenced; nomination extension not permissible.
Timely completion of document inspection and filing objections to interim applications is crucial for the progress of the case.
The Election Commission must confirm the existence of rival groups before exercising jurisdiction over political party disputes under Section 29A.
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