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2023 DIGILAW 1307 (SC)

Association for Democratic Reforms v. Union of India

2023-11-02

B.R.GAVAI, D.Y.CHANDRACHUD, J.B.PARDIWALA, MANOJ MISRA, SANJIV KHANNA

body2023
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.