Supreme Court - Daily Orders
Habib Ahmad Sheikh vs The State Of Maharashtra on 6 July, 2021
Bench: A.M. Khanwilkar, Sanjiv Khanna
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ITEM NO.6 Court 4 (Video Conferencing) 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). 336/2021
HABIB AHMAD SHEIKH & ANR. Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA & ORS. Respondent(s)
( IA No. 43901/2021 - APPROPRIATE ORDERS/DIRECTIONS and IA No.
43904/2021 - EXEMPTION FROM FILING O.T. and IA No. 39349/2021 -
EXEMPTION FROM FILING O.T. and IA No. 39346/2021 - GRANT OF INTERIM
RELIEF)
WITH
W.P.(C) No. 653/2021 (X)
(FOR EXEMPTION FROM FILING O.T. ON IA 68396/2021 and IA No.
68396/2021 - EXEMPTION FROM FILING O.T.)
MA 902/2021 in W.P.(C) No. 980/2019 (X)
(FOR ADMISSION and IA No.71760/2021-EXEMPTION FROM FILING O.T. and
IA No.71763/2021-EXEMPTION FROM FILING AFFIDAVIT and IA
No.71754/2021-APPLICATION FOR PERMISSION)
SLP(C) No. 7616/2021 (IX)
(FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
67537/2021 and FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 67539/2021
and FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON
IA 67540/2021)
Diary No(s). 13795/2021 (IX)
(IA No.73653/2021-CONDONATION OF DELAY IN FILING and IA
No.73655/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
and IA No.73654/2021-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES…)
Diary No(s). 13796/2021 (IX)
(IA No.73123/2021-CONDONATION OF DELAY IN FILING and IA
No.73125/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
and IA No.73129/2021-EXEMPTION FROM FILING AFFIDAVIT and IA
No.73126/2021-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES..)
SLP(C) No. 8389/2021 (IX)
( IA No.73417/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED
Signature Not Verified
JUDGMENT and IA No.73420/2021-EXEMPTION FROM FILING AFFIDAVIT and
Digitally signed by
NEETU KHAJURIA
Date: 2021.07.06
IA
20:33:00 IST
Reason: No.73419/2021-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
W.P.(C) No. 339/2021 (X)
(FOR EXEMPTION FROM FILING O.T. ON IA 39687/2021 and FOR PERMISSION
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TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 40179/2021 and
FOR EXEMPTION FROM FILING O.T. ON IA 40181/2021)
MA 494/2021 in W.P.(C) No. 981/2019 (X)
(FOR ADMISSION and IA No.39880/2021-EXEMPTION FROM FILING O.T. and
IA No.37350/2021-INTERVENTION/IMPLEADMENT and IA No.37364/2021-
MODIFICATION and IA No.37381/2021-MODIFICATION and IA
No.37348/2021-APPLICATION FOR PERMISSION)
W.P.(C) No. 338/2021 (X)
(FOR STAY APPLICATION ON IA 39643/2021 and FOR EXEMPTION FROM
FILING O.T. ON IA 39647/2021)
W.P.(C) No. 349/2021 (X)
(FOR EXEMPTION FROM FILING O.T. ON IA 39994/2021
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
40192/2021 and FOR EXEMPTION FROM FILING O.T. ON IA 40197/2021)
W.P.(C) No. 367/2021 (X)
(FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
43915/2021)
MA 905/2021 in W.P.(C) No. 981/2019 (X)
(FOR ADMISSION and IA No.72020/2021-EXTENSION OF TIME and IA
No.72003/2021-INTERVENTION/IMPLEADMENT and IA No.72001/2021-
APPLICATION FOR PERMISSION and IA No.72008/2021-APPLICATION FOR
PERMISSION )
Date : 06-07-2021 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE MR. JUSTICE SANJIV KHANNA
For parties:
Mr. P.S. Patwalia, Sr. Adv.
Mr. Rahul Chitnis, ADv.
Mr. Sachin Patil, AOR
Mr. Aaditya A. Pande, ADv.
Mr. Geo Joseph, Adv.
Mr. C. Aravind, Adv.
Mr. Mukesh Samarath, Adv.
Mr. Satya Kam Sharma, Adv.
Mr. Somanatha Padhan, AOR
Mr. Sudhanshu S. Choudhari, AOR
Mr. Randhir Kumar Ojha, AOR
Mr. Kailas Bajirao Autade, AOR
Ms. Sheetal Patil, Adv.
Mr. Devdutt Kamat, Sr. Adv.
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Mr. Arun Pednekar, Adv.
Mr. Sunil Kumar Verma, AOR
Mr. P.B. Suresh, Adv.
Mr. Vipin Nair, AOR
Mr. Karthik Jayashankar, Adv.
Mr. Arindam Ghosh, Adv.
Mr. Anshumaan Bahadur, Adv.
Mr. Sanal C. Nambiar, Adv.
Mr. Abhikalp Pratap Singh, AOR
Mr. Kishor Ram Lambat, Adv.
Mr. Randhir Kumar Ojha, Adv.
Ms. Kashmira Lambat, Adv.
M/S. Lambat And Associates, AOR
Mr. Amol B. Karande, AOR
Mr. Dilip B. Rode, Adv.
Mr. Sandesh R. Patil, Adv.
Mr. Mahesh B. Karande, Adv.
Mr. Pritam C. Rajput, Adv.
Mr. Ajit Kadethankar, Adv.
(State Election Commission, Maharashtra)
Ms. Bharti Tyagi, AOR
M/S. Lambat And Associates, AOR
Intervention: Dr. Gunratan Sadavarte, Adv.
Mr. Raj Singh Rana, AOR
Mr. Pankaj Kumar Singh, Adv.
Mr. Pawan Kumar Shukla, Adv.
UPON hearing the counsel the Court made the following
O R D E R
W.P.(C) Nos. 336 and 338 of 2021 Heard learned counsel for the petitioners. The first contention raised by the petitioners is that Palghar Zilla Parishads and Panchayat Samitis were not the subject matter of earlier proceedings. This submission, in our opinion, is untenable. For, the 4 Election Commission in the notification has made it amply clear that the election will be subject to the outcome of the decision of the pending proceedings before this Court.
In the earlier round, this Court declared that reservation for OBC was not in accordance with the constitutional mandate and, therefore, unconstitutional and void ab initio. In light of that declaration, it is not open to the petitioners to urge to the contrary.
It is next argued that the Palghar Zilla Parishads and Panchayat Samitis area falls within the scheduled area and, therefore, it being an exception, the general principle will not apply and the Election Commission had failed to reckon that aspect while issuing election notification.
In support of this submission, reliance is essentially placed on the averment made in the writ petition as filed, including paragraph 8. However, it makes no reference to the factual basis as to how the Election Commission has not adhered to the requirements for conducting election in respect of scheduled area.
In absence of factual basis, it is not possible to accede to the relief claimed by the petitioners to 5 declare the notification issued by Election Commission as illegal. Hence, even this contention does not commend to us.
It is, then, urged that the Election Commission has not indicated specifically in the impugned notification that the pre-condition for conducting election in respect of scheduled area were taken into account. Once again, this is another shade of the same argument which we have already rejected for the reasons stated earlier.
Hence, these writ petitions are devoid of merits and thus dismissed.
Pending applications, if any, stand disposed of. W.P(C) Nos. 339, 349 and 653 of 2021 For the reasons mentioned in the accompanying Petition being Writ Petition(C) No. 336 of 2021, even these writ petitions must follow the same suit and need to be rejected. Hence, these Writ Petitions are dismissed accordingly.
W.P.(C) No. 367 of 2021
Heard Mr. Kishor Lambat, learned counsel appearing for the petitioner.
His principal grievance is that the communication 6 dated 08.03.2021 issued by the Collector makes no reference to the writ petition. It is, however, not in dispute that reference has been made to the proceedings before this Court being SLP(C) Nos. 33904-33910 of 2017 and connected matters, and the notification was issued by the Election Commission making it amply clear that the election will be subject to the outcome of the proceedings pending before this Court. The proceedings before this Court, eventually, concluded on 04.03.2021 and the Election Commission was bound to comply with the directions given by this Court. Hence, there is no infirmity in the action taken by the Election Commission or the Collector, as the case may be.
Hence, this writ petition is dismissed. Pending applications stand disposed of. M.A. No. 902 of 2021 in W.P.(C) No. 980 of 2019 Heard Mr. P.S. Patwalia, learned senior counsel appearing for the State of Maharashtra and Mr. Ajit Kadethankar, learned counsel appearing for the State Election Commission.
This application is filed by the State of Maharashtra for extending the time frame for concluding the bye- 7 elections. The State Election Commission is of the opinion that if the situation on the ground is conducive for conducting bye-elections in the concerned constituency and there is no prohibitory order or lock- down order operating in those areas, they could proceed with the election program while ensuring that the standard operating procedures and covid-19 protocols as notified by the competent authorities, including Disaster Management Authority will be followed in its letter and spirit.
We place the statement of the State Election Commission on record and direct the State Election Commission to proceed in the matter in accordance with law and report compliance within two months from today.
List these applications on 09.09.2021, for considering compliance report.
M.A. No. 494 of 2021 in W.P.(C) No. 981 of 2019 The relief claimed in this application is in the nature of review of the decision dated 04.03.2021 of this Court passed in Writ Petition No. 980 of 2019 and connected cases.
It is not in dispute that the review petition(s) (R.P.(C) No. 471 of 2021 and connected petitions) have 8 already been rejected on 04.05.2021 by a three Judge Bench of this Court. Hence, nothing more can be done in this application.
The miscellaneous application is disposed of accordingly.
M.A. No. 905 of 2021 in W.P.(C) No. 981 of 2019 In view of the order passed in M.A. No. 902 of 2021 in W.P.(C) No. 980 of 2019, this miscellaneous application is disposed of.
SLP(C) Nos. 7616 and 8389 of 2021 and Diary Nos. 13795, 13796, 13797 and 13798 of 2021 De-linked.
Due to some technical/connectivity issue, these matters could not be taken up today.
List all these matters together tomorrow, i.e., 07.07.2021.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER COURT MASTER