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Ashwini Kumar Upadhyay vs Union Of India on 3 August, 2022

Bench: Chief Justice, Krishna Murari, Hima Kohli

     WP(C)No.43/22 etc.                            1

     ITEM NO.19+3                           COURT NO.1                  SECTION PIL-W

                              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).43/2022

     ASHWINI KUMAR UPADHYAY                                          Petitioner(s)

                                                 VERSUS

     UNION OF INDIA & ANR.                                           Respondent(s)

     WITH
     W.P.(C) No.87/2022 (PIL-W)
     (FOR ADMISSION)
     W.P.(C) No.474/2022 (PIL-W)
     W.P.(C) No.496/2022 (PIL-W)
     W.P.(C) No.383/2022 (PIL-W)
     W.P.(C) No.121/2022 (PIL-W)

     Date : 03-08-2022 These petitions were called on for hearing today.

     CORAM :
                         HON'BLE THE CHIEF JUSTICE
                         HON'BLE MR. JUSTICE KRISHNA MURARI
                         HON'BLE MS. JUSTICE HIMA KOHLI

     For Petitioner(s)             Mr. Vikas Singh, Sr.Adv.
     In WP(C)43/22                 Mr. Ashwani Kumar Upadhyay, Adv.
                                   Mr. Ashwani Kumar Dubey, AOR

     In WP(C)No.121/22             Mr.Vijay Hansaria, Sr.Adv.
                                   Mr. Ashwani Kumar Upadhyay, Adv.
                                   Mr. Ashwani Kumar Dubey, AOR
                                   Mr. Chandra Shekhar, Adv.
                                   Ms. Kavya Jhawar, Adv.

     In WP(C)No.87/22              Ms.   Tanya Srivastav, Adv.
                                   Mr.   Ashwani Kumar Upadhyay, Adv.
                                   Mr.   Chandra Shekhar, Adv.
                                   Mr.   Nirmal Kumar Ambastha, AOR

     In WP(C)474/22                Mr. Pranav Sachdeva, Adv.
                                   Mr. Kamal Upadhyay, Adv.
                                   Ms. Tanya Srivastava, Adv.
Signature Not Verified


     In WP(C)No.496/22             Mr. Gaurav Kumar Bansal, Adv.
Digitally signed by
SATISH KUMAR YADAV
Date: 2022.08.04
17:34:28 IST
Reason:
                                   Ms. Shomila Bakshi, Adv.
                                   Ms. Nandita Bansal, Adv.

     In WP(C)No.383/22             Mr. Barun Kumar Sinha, Adv.
                                   Mrs. Pratibha Sinha, Adv.
WP(C)No.43/22 etc.                                2

                              Mr. Mudit Kaul, Adv.
                              Mr. Abhishek, AOR

For Respondent(s)             Mr.   Tushar Mehta, SG
                              Mr.   K.M. Nataraj, ASG
                              Mr.   Shailesh Madiyal, Adv.
                              Mr.   Kanu Agrawal, Adv.
                              Mr.   Vivek Narayan Sharma, Adv.
                              Mr.   Mayank Pandey, Adv.
                              Mr.   Anuj Srinivas Udapa, Adv.
                              Mr.   Nakul Chengappa, Adv.
                              Mr.   Arvind Kumar Sharma, AOR

For ECI                       Mr. Amit Sharma, AOR
                              Mr. Dipesh Sinha, Adv.
                              Ms. Pallavi Barua, Adv.

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

1. Heard Mr. Vikas Singh and Mr.Vijay Hansaria, learned Senior counsel appearing on behalf of the petitioner, Mr. Tushar Mehta, learned Solicitor General appearing on behalf of the Union of India as also Mr. Amit Sharma, learned counsel appearing on behalf of the Election Commission of India at length and carefully perused the material placed on record.

2. Keeping in mind the prayers made in these petitions which relate to distribution of freebies by political parties, we are of the considered view that it would be appropriate to constitute an Expert Body with representatives of all the stakeholders: the beneficiaries, those opposing freebies, Central Government, State Governments, opposition parties, Finance Commission, Reserve Bank of India, Niti Ayog etc., to name a few, to take a holistic and comprehensive view of the matter and making their recommendations.

3. Accordingly, the parties are directed to make their suggestions about the composition of such a body within one week’s time.

4. We request Mr. Kapil Sibal, learned Senior counsel also to give his suggestions regarding the same.

5. List on 11.08.2022.

(SATISH KUMAR YADAV)                                 (R.S. NARAYANAN)
  DEPUTY REGISTRAR                                  COURT MASTER (NSH)