Supreme Court - Daily Orders
Palla Salt Bharatra Sangthan (Almora) vs Lalit Mohan Pant . on 10 March, 2014
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CORRECTED
ITEM NO.49 COURT NO.5 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
IA Nos. 3-5 and I.A. ... in
Special Leave to Appeal (Civil) No(s).6805/2014
PALLA SALT BHARATRA SANGTHAN (ALMORA) Petitioner(s)
VERSUS
LALIT MOHAN PANT & ORS. Respondent(s)
(For impleadment, vacation, modification of stay, intervention
and office report)
Date: 10/03/2014 These I.As. were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE A.K. PATNAIK
HON’BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
For Petitioner(s) Mrs. Madhavi Diwan, Adv.
Mr. R. Balasubramanyam, Adv.
Mr. Himansu Mahra, Adv.
Mr. Sudarshan Singh Rawat, Adv.
Intervenor Mr. Sanpreet Singh Ajmani, Adv.
Mr. Sandeep Malik, Adv.
Mr. Manav, Adv.
For Respondent(s) Mr. Siddharth Luthra, ASG
Mr. Rahul Verma, AAG
Mr. Rajiv Nanda, Adv.
Mr. E.C. Agrawala, Adv.
Mr. Mahesh Agarwal, Adv.
Mr. Rishi Agrawala, Adv.
Mr. Manoj Gorkela, Adv.
Mr. R.K. Srivastava, Adv.
Mr. A.K. Mishra, Adv.
Mr. Harshvir Pratap Sharma, Adv.
Mr. Sanjay Bhat, Adv.
Mr. Pankaj Kumar, Adv.
UPON hearing counsel the Court made the following
O R D E R
Heard learned counsel for the parties.
We are told that the five years tenure of the Panchayats in the State of Uttarakhand as provided in the Constitution is already over and hence, the elections will have to be held as per the mandatory provisions of the Constitution.
Mr. Harshvir Pratap Sharma, learned counsel for the State Election Commission submitted that the State Election Commission depends on the State Government for support for conducting the three tier election in the State and for conducting a free and fair election the following support is required:
1. Time left necessitates conducting of election on one single day.
2. Election can be conducted subject to the notification issued by the State of Uttarakhand for which on number of previous occasions request has been made, therefore, a fresh notification is needed as per consultation of the State Election Commission.
3. Polling staff, counting staff, police, paramilitary forces, State employees and Central Government employees as per the requirement and demand of the State Election Commission to conduct the election on one single day has to be made available to the State Election Commission.
4. Transportation, polling and counting space and financial assistance/budget etc., to be made available as per requirement of State Election Commission.
5. State Government may be directed to furnish all the above support/requirement to the State Election Commission OR The State Election Commission be given all the powers to conduct and complete free and fair election in time for which entire State machinery should be brought under the control of State Election Commission as per the provisions of Article 243K of the Constitution of India.
Learned counsel appearing for the State of Uttarakhand will inform this Court when the matter is listed on 26th March, 2014 as to what difficulties the State Government have, if any, for providing the support as required above to the State Election Commission.
List on 26th March, 2014 along with all pending interlocutory applications and the special leave petition (Diary No. 8220 of 2014) field by the State of Uttarakhand.
In the meanwhile, copies of the aforementioned special leave petition and interlocutory applications, be served on the parties by the concerned petitioners and applicants, as the case may be.
(G. SUDHAKARA RAO) (SHARDA KAPOOR)
COURT MASTER COURT MASTER