Supreme Court - Daily Orders
Dr. Narottam Mishra vs Shri Rajendra Bharti on 12 July, 2017
Bench: Chief Justice, D.Y. Chandrachud
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (C)NO.17608 OF 2017
DR. NAROTTAM MISHRA ......PETITIONER
VERSUS
SHRI RAJENDRA BHARTI & ORS. .......RESPONDENTS
WITH
TP(C)No.D20213 OF 2017
O R D E R
1. This order will dispose of SLP(C)No.17608/2017 (Dr.Narottam Mishra vs. Rajendra Bharti and others), as also, Transfer Petition(C)D.No.20213 of 2017 (Rajendra Bharti & Ors. vs. Dr.Narottam Mishra & Ors.).
2. During the course of hearing, after making their submissions, learned counsel for the rival parties were agreeable, that the proceedings in Writ Petition 9704 of 2017 filed before the High Court of Madhya Pradesh (Principal seat at Jabalpur) be transferred, for hearing and disposal on merits, to the Hon'ble High Court of Delhi. We order accordingly.
3. Since the outcome of the proceedings in the above writ Signature Not Verified Digitally signed by petition, has an important bearing on, whether Dr.Narottam Mishra - SATISH KUMAR YADAV Date: 2017.07.12 16:12:39 TLT Reason: the petitioner in Writ Petition No.9704/2017 continues to be a member of the Legislative Assembly of the State of Madhya Pradesh, 2 and hence can vote in the presidential election scheduled for 17.07.2017. We are of the view, that can only be determined after the challenge raised to the order passed by the Election Commission of India, on 23.06.2017, is suitably addressed by the High Court, finally or by an interim order as the High Court may consider appropriate.
4. Keeping the above urgency in mind, we consider it just and appropriate to direct learned counsel for the rival parties to appear before the Acting Chief Justice of the Delhi High Court, during the course of the day, and present to the High Court the entire paperbook of Writ Petition No.9704/2017 filed before the Madhya Pradesh High Court. We also grant liberty to learned counsel to request the Hon'ble Acting Chief Justice, on our behalf, to constitute a Bench for hearing Writ Petition No.9704/2017, and our desire, that the hearing should commence on 13.07.2017, to suitably address the issue, even if it entails the continuation of hearing during the week-end.
5. During the course of hearing, Mr.Mukul Rohatgi, learned senior counsel, invited our attention to Annexure P-13 (appended to the special leave petition), which is a communication addressed by the respondent – Rajendra Bharti, to the Registrar General of the Madhya Pradesh High Court. Mr.Kapil Sibal, learned senior counsel representing the said Rajendra Bharti submitted, that the aforesaid communication (Annexure P-13) be treated as having been withdrawn. He has also tendered an unconditional apology with reference to the insinuations levelled therein, on behalf of the respondent – Rajendra Bharti.
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6. Mr.Amit Sharma, learned counsel, enters appearance on behalf of the Election Commission of India, and undertakes that he will appear before the Hon'ble Delhi High Court in compliance with the directions issued hereinabove, to represent the Election Commission of India.
7. Disposed of, in the above terms.
.........................CJI.
(JAGDISH SINGH KHEHAR) ..........................J. (Dr.D.Y.CHANDRACHUD) NEW DELHI;
JULY 12, 2017.
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ITEM NO.8+9 COURT NO.1 SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).17608/2017 (Arising out of impugned final judgment and order dated 11-07-2017 in WP No.09704/2017 passed by the High Court of M.P. at Jabalpur) DR. NAROTTAM MISHRA Petitioner(s) VERSUS SHRI RAJENDRA BHARTI & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.55682/2017-EXEMPTION FROM FILING O.T. and IA No.55683/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) WITH TP(C)No.D20213/2017 Date : 12-07-2017 These petitions were called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr.Mukul Rohatgi, Sr.Adv.
Ms.Vanshaja Shukla, AOR Mr.Kapil Sibal, Sr.Adv.
Mr.Vivek K.Tankha, Sr.Adv. Mr.Anoop George Choudhary, Sr.Adv. Mr.Varun Tankha, Adv.
Mr.Varun Chopra, Adv.
Mr.Prashant Kumar, AOR For Respondent(s) Mr.Amit Sharma, Adv.
For RR No.2 Mr.Dipesh Sinha, Adv.
Ms.Anjana Gosain, Adv.
For RR No.3 Mr.Purushaindra Kaurav, AG
Mr.Arjun Garg, Adv.
UPON hearing the counsel the Court made the following O R D E R In terms of the directions contained in the signed order, the petitions are disposed of.
(SATISH KUMAR YADAV) (RENUKA SADANA)
AR-CUM-PS ASST.REGISTRAR
(Signed order is placed on the file)