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Supreme Court - Daily Orders

Assam Sanmilita Mahasangha vs Union Of India Ministry Of Home Affairs ... on 13 January, 2016

Bench: Ranjan Gogoi, Rohinton Fali Nariman

     ITEM NO.301                          COURT NO.7                 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 (CIVIL)    NO(S).   562/2012

     ASSAM SANMILITA MAHASANGHA & ORS.                               PETITIONER(S)

                                                VERSUS

     UNION OF INDIA & ORS.                         RESPONDENT(S)
     [WITH APPLN.(S) FOR STAY, IMPLEADMENT AS PARTY RESPONDENT AND
     DIRECTIONS AND EARLY HEARING AND CLARIFICATION/MODIFICATION OF
     COURT'S ORDER AND OFFICE REPORT]
               WITH
     W.P.(C) NO. 876/2014
     (WITH APPLN.(S) FOR STAY AND OFFICE REPORT)

     W.P.(C) NO. 274/2009
     (WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT)

     W.P.(C) NO. 311/2015
     (WITH APPLN.(S) FOR IMPLEADMENT AND SEEKING LEAVE TO FILE WRITTEN
     ARGUMENTS AND OFFICE REPORT)

     W.P.(C) NO. 450/2015
     (WITH APPLN.(S) FOR DIRECTIONS)

     W.P.(C) NO. 449/2015
     (WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT)

      W.P.(C) NO. 867/2015
     (WITH APPLN.(S) FOR EXEMPTION FROM FILING O.T. AND STAY AND OFFICE
     REPORT)

     Date : 13/01/2016 These petitions were called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE RANJAN GOGOI
                         HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN




Signature Not Verified

Digitally signed by
Vinod Lakhina
Date: 2016.01.14
17:47:10 IST
Reason:




                                                                            Page No.1 of 7
For Petitioner(s)
WP(C) 562/12             Mr. Manish Goswami, Adv.
                         Mr. Rameshwar Prasad Goyal, AOR

WP(C) 876/14, 311/15 &
rr in WP(C) 562/12       Mr. Somiran Sharma, AOR

WP(C) 274/09             Mr. Arvind Kumar Sharma, AOR

WP(C) 450/15, 449/15     Mr. Partha Sil, AOR
                         Mr. Tavish B. Prasad, Adv.

WP(C) 867/15             Mr. Gaurav Agarwal, Adv.
                         Mr. Satpal Singh, Adv.

For Respondent(s)
                         Mr. Anjani Kumar Mishra, AOR

                         Mr. Avijit Bhattacharjee, AOR
                         Ms. Upma Shrivastava, Adv.

                         Mr. B. Krishna Prasad, AOR

                         Mr. Fuzail Ahmad Ayyubi, AOR
                         Mr. Abdul Qadir, Adv.
                         Mr. Asif, Adv.

State of Tripura         Mr. Gopal Singh, AOR
                         Mr. Rituraj Biswas, Adv.
                         Ms. Varsha Poddar, Adv.

                         Mr. Mohan Pandey, AOR

Election Comm.           Mr.   Ashok Desai, Sr. Adv.
                         Ms.   Meenakshi Arora, Sr. Adv.
                         Mr.   S.K. Mendiratta, Adv.
                         Mr.   Mohit D. Ram, AOR


State of UP              Mr. Vibhu Tiwari, Adv.
                         Mr. Ravi Prakash Mehrotra, AOR

                         Mr. Shadan Farasat, AOR

                         Mr. Shakil Ahmed Syed, AOR




                                                           Page No.2 of 7
                        Mr. A.V. Manavalan, Adv.
                        Ms. Minati Rani Mohapatra, Adv.
                        Mr. Shibashish Misra, AOR

                        Mr. Shreekant N. Terdal, AOR

                        Mr.   Milan Laskar, Adv.
                        Mr.   Mir Imtiyaz, Adv.
                        Mr.   Parvez Dabas, Adv.
                        Mr.   Syed Mehdi Imam, AOR

                        Mr.   Prateek Jalan, Adv.
                        Ms.   Malvika Trivedi, Adv.
                        Mr.   Rahul Kriplani, Adv.
                        Mr.   Ankit Yadav, Adv.
                        Mr.   T. Mahipal, AOR

State of Assam          Mr.   Raju Ramchandran, Sr. Adv.
                        Mr.   Jaideep Gupta, Sr. Adv.
                        Ms.   Krishna Sarma,AAG
                        Mr.   Avijit Roy, Adv.
                        Mr.   Navnit Kumar, Adv.
                        Ms.   Kankana Arandhara, Adv.
                        For   M/s Corporate Law Group, AOR

State of West Bengal    Mr. Soumitra G. Chaudhuri, Adv.
                        Mr. Parijat Sinha, Adv.

Gauhati HC              Ms. Sneha Kalita, AOR

                        Mr.   P.S. Patwalia, ASG
                        Mr.   R. M. Bajaj, Adv.
                        Mr.   Tushar Bakshi, Adv.
                        Mr.   Ritesh Kumar, Adv.
                        Ms.   Rashmi Malhotra, Adv.
                        Ms.   Sushma Suri, AOR

                        Mr. Anip Sachthey, AOR

                        Mr. B. Balaji, AOR

State of Chhattisgarh   Mr. C.D. Singh, AOR

State of M.P.           Mr.   Arvind Verma, Sr. Adv.
                        Mr.   C.D. Singh, AOR.
                        Mr.   Darpan Bhuyan, Adv.
                        Mr.   Udit Arora, Adv.



                                                        Page No.3 of 7
                       Mr. D.S. Mahra, AOR

State of Punjab        Mr. Kuldip Singh, AOR

                       Mr. Milind Kumar, AOR

State of Goa           Mr. Nirnimesh Dubey, AOR

                       Mr. Rudreshwar Singh, Adv.
                       Mr. Samir Ali Khan, AOR

State of Sikkim        For M/s Arputham Aruna & Co., AOR

UT of A & N Admn.      Mr. K.V. Jagdishvaran, Adv.
                       Ms. G. Indira, AOR

                       Ms. Hemantika Wahi, AOR
                       Ms. Jesal Wahi, Adv.
                       Ms. Puja Singh, Adv.

State of Uttarakhand   Mr. Ashutosh Kr. Sharma, Adv.
                       Ms. Rachana Srivastava, AOR

State of Rajasthan     Mr.   S.S. Shamshery, Adv.
                       Mr.   Amit Sharma, Adv.
                       Ms.   S.Spandana Reddy, Adv.
                       Ms.   Ruchi Kohli, AOR

                       Mr. Azim H. Laskar, Adv.
                       Mr. Abhijit Sengupta, AOR

                       Mr. G.S. Chatterjee, AOR

                       Mr. Mohan Pandey, AOR

State of Nagaland      Mr. Edward Belho, Adv.
                       Mrs. K. Enatoli Sema, Adv.
                       Mr. Amit Kumar Singh, Adv.

                       Mr. Ranjan Mukherjee, AOR

State of Jharkhand     Mr. Tapesh Kumar Singh, AOR
                       Mr. Mohd. Waquas, Adv.

State of Karnataka     Mr. V.N. Raghupathy, AOR

                       Ms. Liz Mathew, AOR



                                                       Page No.4 of 7
                              Mr. Snehasish Mukherjee, AOR

                              Mr. Ananga Bhattacharyya, AOR
                              Mr. Mukund P., Adv.

State of Bihar                Mr. Rudreshwar Singh, Adv.
                              Mr. Gautam Singh, Adv.

WP 867/15                     Dr.   Sumant Bharadwaj, Adv.
                              Mr.   Aviral Saxena, Adv.
                              Mr.   I.P. Singh, Adv.
                              Ms.   Mridula Ray Bharadwaj, Adv.

                              Mr. Ashim Chamuah, Adv.
                              Mr. Chandan Kumar, Adv.

            UPON hearing the counsel the Court made the following
                                  O R D E R

W.P.(C) NO.867 OF 2015 The present writ petition No.867 of 2015 is de-tagged/released from the present group. W.P.(C) NO.562/2012

Having heard Shri Ashok Desai, learned Senior Counsel appearing for the Election Commission and Shri Raju Ramchandran, learned Senior Counsel appearing for the State of Assam we reiterate our previous order which is to the effect that the preparation/upgradation of the work of NRC would be of top most priority and the officials and employees of the State Government currently engaged in the preparation of the NRC would be primarily and principally engaged with the said work. However, without affecting the Page No.5 of 7 primacy and priority to the upgradation work of the NRC such officers would also attend to other duties as prayed for by the State of Assam and to election duties as prayed for by the Election Commission. We also make it clear that in the event the Deputy Commissioners of the Districts feel the necessity it will be open for them to assign the other duties of the office as well as the work in connection with the forthcoming elections to the State Assembly to one or more of his Additional Deputy Commissioners as may be deemed necessary. Beyond the above, we do not consider it necessary to modify our previous order dated 1 st December, 2015.

I.A. Nos. 22 and 23 are disposed of accordingly. We have interacted with Shri Prateek Hajela, State Coordinator for the preparation of NRC, who has apprised the Court of the stage of the on-going process and the difficulties that are being faced by him. Specifically, Shri Hajela has drawn the attention of the Court to the fact that the authorities engaged in preparation/upgradation of the NRC work are required to verify a large number of PAN cards, Electoral Rolls, Passport, etc. Shri Hajela has submitted if the requisite data base is provided by the concerned Authorities it will expedite the process. We, accordingly, direct the Page No.6 of 7 concerned Authorities in the Finance and Home Ministries of the Government of India as also the Ministry of External Affairs to provide the requisite data base to the State Coordinator forthwith so that the process of verification can be carried out without any impediment. Shri Hajela has also drawn the attention of the Court to the fact that a large number of documents have been sent to all the States, particularly, the States of Nagaland, Arunachal Pradesh, Meghalaya, Tripura, West Bengal, Maharashtra, Uttar Pradesh and Rajasthan for verification and the response of all the States are awaited. We direct all the States in the Union, particularly, the States mentioned above, to expedite the process of sending response to the State Coordinator immediately. The State Coordinator is permitted to interact with the Chief Secretary of each of the States to which the documents have been sent for effective response thereto.

List all these cases again on 17th February, 2016 at 3.00 p.m. on which date we request the State Coordinator to be present in person.

    [VINOD LAKHINA]                           [ASHA SONI]
      COURT MASTER                           COURT MASTER




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