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2017 Supreme(Del) 2218

INDERMEET KAUR
Narottam Mishra – Appellant
Versus
Election Commission of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Dhruv Mehta, Ms. Vanshaja Shukla, Mr. Bharat Singh, Mr. Anubhav Ray
For the Respondents: Ms. Anjana Gosain, Mr. Amit Sharma, Mr. Pankaj Chopra, Mr. Dipesh Sinha, Mr. Kapil Sibal, Mr. Vivek K. Tankha, Mr. Mukul Gupta, Mr. Varun Chopra, Mr. Varun Tankha, Mr. Naman Joshi, Mr. Sachin Pujari, Mr. Yagyavalk Shukla, Mr. Sandeep Pathak, Mr. Yashvardhan

JUDGMENT :

Indermeet Kaur, J.

1. The petitioner (Dr. Narotam Mishra) is aggrieved by the order dated 23.06.2017 passed by the Chief Election Commission vide which the petitioner stood disqualified under Section 10-A of the Representation of People Act, 1951 (hereinafter referred to as the “said Act”). This disqualification was for a period of three years to be counted from the date of the said order; this was under the provisions of Section 10-A read with Sections 77 & 78 of the said Act. The Commission was of the view that failure on the part of the petitioner to explain his account of election expenses in the manner required by law and having no good reason or justification for such a failure, he had incurred this disqualification.

2. The petitioner was aggrieved.

3. He filed legal proceedings in the High Court of Madhya Pradesh (W.P.(C) No.9704/2017 Dr. Narotam Mishra Vs. Rajender Bharti). SLP {(C) No.1608/2017 Rajender Bharti Vs. Dr. Narotam Mishra} and a Transfer Petition {(c) D-20213/2017} also came to be filed before the Apex Court. These petitions were disposed of on 12.07.2017. The parties agreed that W.P.(C) No.9704/2017 pending before the Bench of Madhya Pradesh be transferr
































































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