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Supreme Court - Daily Orders

Prakash Joshi vs Election Commission Of India on 30 October, 2017

Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud

     WP(C) 983/2017
                                                          1

     ITEM NO.37                                     COURT NO.1                       SECTION X

                                    S U P R E M E C O U R T O F           I N D I A
                                            RECORD OF PROCEEDINGS

                               Writ Petition(s)(Civil)          No(s).    983/2017

     PRAKASH JOSHI                                                             Petitioner(s)

                                                       VERSUS

     ELECTION COMMISSION OF INDIA                                              Respondent(s)

     (FOR ADMISSION)

     Date : 30-10-2017 This matter was called on for hearing today.

     CORAM :
                           HON'BLE THE CHIEF JUSTICE
                           HON'BLE MR. JUSTICE A.M. KHANWILKAR
                           HON'BLE DR. JUSTICE D.Y. CHANDRACHUD


     For Petitioner(s)
                                              Mr.   Kapil Sibal, Sr. Adv.
                                              Mr.   Vivek Tankha, Sr. Adv.
                                              Mr.   Aljo K. Joseph, AOR
                                              Ms.   Shelna K., Adv.
                                              Mr.   Varun Chopra, Adv.

     For Respondent(s)
                                              Mr. Amit Sharma, Adv.
                                              Mr. Dipesh Sinha, Adv.
                                              Ms. Ayiala Imti, Adv.

                                              Mr.   K.K. Venugopal, AG
                                              Ms.   Madhavi Divan, Adv.
                                              Ms.   Nidhi Khanna, Adv.
                                              Mr.   Ayush Puri, Adv.

                                              Mr. Harish V. Shankar
                                              Ms. Nisha Mohandas


                            UPON hearing the counsel the Court made the following
Signature Not Verified
                                               O R D E R

Digitally signed by CHETAN KUMAR Date: 2017.10.30 18:51:39 IST Reason: Mr. K.K. Venugopal, learned Attorney General submits that as far as Prayer (a) is concerned, the Election Commission of India has already implemented WP(C) 983/2017 2 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.

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.

As far as prayer (d) concerning installation of CCTV cameras inside the polling booth to watch the mobility of persons inside the polling booth and display of such videograph alongwith the number of votes poll outside the polling booth on a display board is concerned, we are of the considered opinion that the same is not permissible and accordingly, the said prayer stands rejected.

The writ petition is accordingly disposed of.

            (Deepak Guglani)                                           (H.S. Parasher)
              Court Master                                           Assistant Registrar