Ö ITEM NO.48 COURT NO.7 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).13161/2013(From the judgement and order dated 14/03/2013 in CMWPNo.7517/2013 of The HIGH COURT OF JUDICATURE AT ALLAHABAD)STATE ELECTION COMMISSIONER Petitioner(s) VERSUSSUJEET KUMAR SINGH & ORS. Respondent(s)(With appln(s) for directions and prayer for interim relief andoffice report )I.A. NOS. 4-5 (Application for intervention and directins)Date: 02/05/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE A.K. SIKRIFor Petitioner(s) Dr. Rajeev Dhavan, Sr.Adv. Mr. Ravi Prakash Mehrotra,Adv. Mr. Vibhu Tiwari, Adv.For Respondent(s) Mr. Harish Pandey,Adv. Mr. S.P. Singh, Sr.Adv. Mr. Anil Kumar Gupta-II, Adv. Mr. Biswajit Sapan Metei, Adv. Mr. R.K. Das, Sr.Adv. Mr. Upendra Mishra, Adv. Mr. C.D. Singh,Adv.For RR-2 Mr. Ashok Kumar Gupta, Adv. UPON hearing counsel the Court made the following O R D E R I.A. No. 4 - application for intervention is allowed. It has been brought to our notice that the candidate whose election was countermand has been ...2/- -2-subsequently regularized. Therefore, it is not necessaryto examine the issue on merits. Although, we are notgoing into the merits of the issue, we make it clear thatall questions of law with regard to powers ofsuperintendence of the Election Commission are kept open.
Furthermore, we are of the opinion that it waswholly unnecessary for the High Court to make the remarkscontained in paragraphs 35 and 39 of the impugnedjudgment. The following remarks contained in paragraphs35 and 39 are hereby expunged from the impugnedjudgment :- "Para 35 "The records clearly demonstrate that theState Election Commissioner instead of taking steps toensure security and to remove the allegedly reported fearfrom the minds of the electors fell into persuasion of theState Government, which appears to be clearly based uponthe political considerations to exercise the power, whichhe did not posses to countermand the elections." Para 35 "The circumstances of the case establishthat either the State Election Commissioner does not havethe knowledge and understanding of his powers, or he wasnot prepared to act independently keeping himself awayfrom influence of the State Government." Para 39 "In our view the State ElectionCommissioner has not demonstrated the impartialityexpected from him to deal with the situation, in ...3/- -3-exercising the powers vested in him by the Constitution ofIndia." The special leave petition is disposed of in theabove terms. In terms of the disposal of this special leavepetition, no orders are required to be passed on I.A. No.5- application for necessary direction and to dismiss thespecial leave petition as infructuous. (Sukhbir Paul Kaur) (Indu Bala Kapur) Court Master Court Master
ôITEM NO.63 COURT NO.8 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).13161/2013(From the judgement and order dated 14/03/2013 in CMWP No.7517/2013 of TheHIGH COURT OF JUDICATURE AT ALLAHABAD)STATE ELECTION COMMISSIONER Petitioner(s) VERSUSSUJEET KUMAR SINGH & ORS. Respondent(s)(With appln(s) for directions and prayer for interim relief and officereport )Date: 10/03/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE A.K. SIKRIFor Petitioner(s) Dr. Rajeev Dhawan, Sr.Adv. Mr. Ravi Prakash Mehrotra,Adv. Mr. Vibhu tiwari, Adv. Mr. Abhinav Kumar Malik, Adv.For Respondent(s) Mr. Harish Pandey,Adv. Mr. Ashok Kumar Gupta II,Adv. Mr. R.K. Dash, Sr.Adv. Mr. Vikrant Yadav, Adv. Mr. C.D. Singh ,Adv UPON hearing counsel the Court made the following O R D E R List on 16th April, 2014. (Sukhbir Paul Kaur) (Indu Bala Kapur)
Court Master Court Master
hITEM NO.68 COURT NO.8 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).13161/2013(From the judgement and order dated 14/03/2013 in CMWP No.7517/2013 of TheHIGH COURT OF JUDICATURE AT ALLAHABAD)STATE ELECTION COMMISSIONER Petitioner(s) VERSUSSUJEET KUMAR SINGH & ORS. Respondent(s)(With appln(s) for directions and prayer for interim relief and officereport )Date: 09/12/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Ravi Prakash Mehrotra,Adv. (Not present)For Respondent(s) Mr. Harish Pandey,Adv. Mr. Ashok Kumar Gupta II,Adv. Mr. Rajesh Kumar Maurya, Adv. Mr. Utkarsh Sharma, Adv. for Mr. C.D. Singh ,Adv UPON hearing counsel the Court made the following O R D E R Perused the letter circulated by learned counsel for the petitioner. This matter is adjourned for four weeks.
(Sukhbir Paul Kaur) (Indu Bala Kapur) Court Master Court Master
LITEM NO.66 COURT NO.8 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).13161/2013(From the judgement and order dated 14/03/2013 in CMWP No.7517/2013 of TheHIGH COURT OF JUDICATURE AT ALLAHABAD)STATE ELECTION COMMISSIONER Petitioner(s) VERSUSSUJEET KUMAR SINGH & ORS. Respondent(s)(With appln(s) for directions and prayer for interim relief and officereport)Date: 02/12/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Ravi Prakash Mehrotra,Adv. Mr. Sudeep Kumar, Adv.For Respondent(s) Mr. Harish Pandey,Adv. Mr. Mayank Upadhyay, Adv. Mr. Ashok Kumar Gupta II ,Adv Mr. C.D. Singh ,Adv UPON hearing counsel the Court made the following O R D E R In view of letter circulated by the learned counsel for the petitioner, the matter is adjourned for one week. |(Vishal Anand) | |(Indu Bala Kapur) ||Court Master | |Court Master |
\236ITEM NO.64 COURT NO.9 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).13161/2013(From the judgement and order dated 14/03/2013 in CMWP No.7517/2013 of TheHIGH COURT OF JUDICATURE AT ALLAHABAD)STATE ELECTION COMMISSIONER Petitioner(s) VERSUSSUJEET KUMAR SINGH & ORS. Respondent(s)(With appln(s) for directions and prayer for interim relief and officereport ))Date: 02/09/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Ravi Prakash Mehrotra,AOR. Ms. Deepti R.Mehrotra, Adv. Ms. Vibhu Tiwari, Adv.For Respondent(s) Mr. Harish Pandey,AOR. Mr. R.K. Dash, Sr. Adv. Mr. Raman Yadv, Adv. Mr. C.D. Singh ,AOR Mr. Ashok Kumar Gupta, Adv. Mr. R.S. Rathi, Adv. Ms. Kusum, Adv. UPON hearing counsel the Court made the following O R D E R Having regard to the letter circulated on behalf of the petitioner, the matter is adjourned for four weeks. Counter affidavit may be filed within two weeks; rejoinder, thereto, if any, may be filed within two weeks thereafter.|(Sheetal Dhingra) | |(Indu Bala Kapur) ||AR-cum-PS | |Court Master |
LITEM NO.9 COURT NO.10 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition for Special Leave to Appeal (Civil) No.13161/2013(From the judgment and order dated 14/03/2013 in CMWP No.7517/2013 of TheHIGH COURT OF JUDICATURE AT ALLAHABAD)STATE ELECTION COMMISSIONER Petitioner(s) VERSUSSUJEET KUMAR SINGH & ORS. Respondent(s)(With appln(s) for directions and with prayer for interim relief and officereport)Date: 08/07/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE RANJAN GOGOIFor Petitioner(s) Mr. Ravi Prakash Mehrotra, Adv. Mrs. Deepti R. Mehrotra, Adv. Mr. Vibhu Tiwari, Adv.For Respondent(s) Mr. Harish Pandey, Adv. Mr. Vibhu Shanker Mishra, Adv. Mr. Himanshu Shekhar, Adv. Mr. Ashok Kumar Gupta, Adv. Mr. C.D. Singh, Adv. UPON hearing counsel the Court made the following O R D E R In view of letter, dated 6th July, 2013, circulated by learned counsel for respondent No.1, the matter is adjourned by two weeks for filing counter affidavit. |(VINOD LAKHINA) | |(INDU BALA KAPUR) ||COURT MASTER | |COURT MASTER |
:ITEM NO.2 COURT NO.11 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A. NO.2 inPetition for Special Leave to Appeal (Civil) No.13161/2013(From the judgment and order dated 14/03/2013 in CMWP No.7517/2013 of TheHIGH COURT OF JUDICATURE AT ALLAHABAD)STATE ELECTION COMMISSIONER Petitioner(s) VERSUSSUJEET KUMAR SINGH & ORS. Respondent(s)(Appln(s) for directions and office report)Date: 17/04/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR JUSTICE PINAKI CHANDRA GHOSEFor Petitioner(s) Mr. Ravi Prakash Mehrotra, Adv. Mrs. Deepti R. Mehrotra, Adv. Mr. Vibhu Tiwari, Adv.For Respondent(s) Ms. Meenakshi Lekhi, Adv. Mr. Harish Pandey, Adv. Mr. Himanshu Shekhar, Adv. UPON hearing counsel the Court made the following O R D E R I.A. NO.2 IN SLP(C) NO.13161 OF 2013 Issue notice. Mr. Harish Pandey, learned counsel, accepts notice on behalf of respondent No.1 List the application along with the main matter i.e. Special Leave Petition (Civil) No.13161 of 2013.|(VINOD LAKHINA) | |(INDU BALA KAPUR) ||COURT MASTER | |COURT MASTER |
nITEM NO.MM-3 COURT NO.2 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSIA.No.2 inPetition(s) for Special Leave to Appeal (Civil) No(s).13161/2013(From the judgement and order dated 14/03/2013 in CMWP No.7517/2013 of TheHIGH COURT OF JUDICATURE AT ALLAHABAD)STATE ELECTION COMMISSIONER Petitioner(s) VERSUSSUJEET KUMAR SINGH & ORS. Respondent(s)(With appln. for directions) office report ))Date: 16/04/2013 This Petition was mentioned today.CORAM : HON'BLE MR. JUSTICE P. SATHASIVAM HON'BLE MR. JUSTICE M.Y. EQBALFor Petitioner(s) Mr. Ravi Prakash Mehrotra,Adv.For Respondent(s) Mr. Harish Pandey,Adv. UPON being mentioned the Court made the following O R D E R List I.A.No.2 for directions tomorrow i.e. 17th April, 2013 before the appropriate bench. [ Usha Bhardwaj ] [ Savita Sainani ] Court Master Court Master
\232ITEM NO.MM-11-A COURT NO.11 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition for Special Leave to Appeal (Civil) No.13161/2013(From the judgment and order dated 14/03/2013 in CMWP No.7517/2013 of TheHIGH COURT OF JUDICATURE AT ALLAHABAD)STATE ELECTION COMMISSIONER Petitioner(s) VERSUSSUJEET KUMAR SINGH & ORS. Respondent(s)(With appln(s) for exemption from filing O.T. and with prayer for interimrelief)Date: 04/04/2013 This Petition was called on for hearing in the mentioningboard today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR JUSTICE PINAKI CHANDRA GHOSEFor Petitioner(s) Dr. Rajeev Dhawan, Sr. Adv. Mr. Ravi Prakash Mehrotra, Adv. Mr. Vibhu Tiwari, Adv.For Respondent(s) Mr. Awadhesh Kumar Dubey, Adv. Mr. Harish Pandey, Adv. Ms. Nazish Fatima, Adv. UPON hearing counsel the Court made the following O R D E R Taken on board. Issue notice. Mr. Harish Pandey, Advocate-on-record, who is on caveat, accepts notice on behalf of respondent No.1 and seeks time to file counter affidavit. Let counter affidavit on behalf of the said respondent be filed within four weeks. In the meantime, operation of the impugned judgment shall remain stayed. |(VINOD LAKHINA) | |(INDU BALA KAPUR) ||COURT MASTER | |COURT MASTER |
\232ITEM NO.MM-11-A COURT NO.11 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition for Special Leave to Appeal (Civil) No.13161/2013(From the judgment and order dated 14/03/2013 in CMWP No.7517/2013 of TheHIGH COURT OF JUDICATURE AT ALLAHABAD)STATE ELECTION COMMISSIONER Petitioner(s) VERSUSSUJEET KUMAR SINGH & ORS. Respondent(s)(With appln(s) for exemption from filing O.T. and with prayer for interimrelief)Date: 04/04/2013 This Petition was called on for hearing in the mentioningboard today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR JUSTICE PINAKI CHANDRA GHOSEFor Petitioner(s) Dr. Rajeev Dhawan, Sr. Adv. Mr. Ravi Prakash Mehrotra, Adv. Mr. Vibhu Tiwari, Adv.For Respondent(s) Mr. Awadhesh Kumar Dubey, Adv. Mr. Harish Pandey, Adv. Ms. Nazish Fatima, Adv. UPON hearing counsel the Court made the following O R D E R Taken on board. Issue notice. Mr. Harish Pandey, Advocate-on-record, who is on caveat, accepts notice on behalf of respondent No.1 and seeks time to file counter affidavit. Let counter affidavit on behalf of the said respondent be filed within four weeks. In the meantime, operation of the impugned judgment shall remain stayed. |(VINOD LAKHINA) | |(INDU BALA KAPUR) ||COURT MASTER | |COURT MASTER |