* Author

[2024] 3 S.C.R. 417 : 2024 INSC 209

Association for Democratic Reforms and Another v.

Union of India and Others

(Miscellaneous Application Diary No 11805 of 2024) In (Miscellaneous Application No 486 of 2024) In (Writ Petition (C) No. 880 of 2017)

15 March 2024

[Dr Dhananjaya Y Chandrachud, CJI, Sanjiv Khanna, B R Gavai, J B Pardiwala and Manoj Misra, JJ.]

Issue for Consideration

Matter pertains to the application filed by ECI seeking return of data as regards Electoral Bonds filed before this Court in compliance with the interim order dated 12.04.2019, to enable it to comply with the order of this Court dated 11.04.24 directing ECI to upload the data furnished on its website.

Headnotes

Elections - Electoral Bonds - Application by ECI seeking return of data as regards Electoral Bonds filed before this Court to enable it to upload all the documents since it did not retain a copy of the data which was collated by it, being placed before this Court in sealed custody:

Held: Issuance of directions to the Registrar (Judicial) to get the data filed by ECI scanned and digitized and thereafter, return the same to the counsel of ECI, who would then upload the data on its website within the stipulated period - Also issuance of notice to State Bank of India since SBI has not disclosed the alphanumeric numbers of the Electoral Bonds alongwith the direction for the presence of a Senior Officer of SBI, responsible for the management and storage of details of Bonds purchased and redeemed, on the next date of hearing.

Case Law Cited

Association for Democratic Reforms v. Union of India, [2021] 2 SCR 851 : Writ Petition (Civil) No 880 of 2017 - referred to.

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List of Keywords

Scanning and digitization of documents; Electoral bonds; Alphanumeric numbers of the Electoral Bonds.

Case Arising From

CIVIL ORIGINAL JURISDICTION : Miscellaneous Application Diary No.11805 of 2024

Miscellaneous Application No.486 of 2024

Writ Petition (Civil) No.880 of 2017

From the Judgment and Order dated 11.03.2024 in MA No.486 of 2024 of the Supreme Court of India

Appearances for Parties

Prashant Bhushan, Ms. Neha Rathi, Ms. Kajal Giri, Pranav Sachdeva, Ms. Shivani Kapoor, Kamal Kishore, Advs. for the Petitioners.

Amit Sharma, Dipesh Sinha, Ms. Pallavi Barua, Ms. Aparna Singh, Advs. for the Applicant.

Tushar Mehta, SG, Kapil Sibal, Sr. Adv., for the Respondents.

Judgment / Order of the Supreme Court

Order

An application has been filed by the Election Commission of India1 seeking further directions.

In the order of this Court dated 11 March 2024, this Court had directed that ECI shall upload on its website the data furnished to this Court in compliance with the interim order dated 12 April 2019 which was being maintained in the custody of this Court. While issuing this direction, the Court has presumed that a copy of the data which was lodged before the Registry of this Court would be available with the ECI.

"ECI"


Association for Democratic Reforms and Another v.

Union of India and Others

Mr Amit Sharma, counsel appearing on behalf of the ECI states that, as a matter of fact, ECI did not retain a copy of the data which was collated by it since it was being placed before this Court in sealed custody.

The request, therefore, of the ECI is that the data which was filed before this Court be returned to it to enable it to comply with the order of this Court for uploading all the documents. This request of the ECI has not been opposed by Mr Kapil Sibal and Mr Vijay Hansaria, senior counsel and Mr Prashant Bhushan, counsel for the petitioners.

We accordingly issue the following directions:

(i) The Registrar (Judicial) of this Court shall ensure that the data which has been filed by ECI in pursuance of the interim orders of this Court is scanned and digitized. This may be carried out preferably by 5 pm tomorrow (16 March 2024);

(ii) Once the above exercise is completed, the originals shall be returned to Mr Amit Sharma, counsel appearing on behalf of ECI;

(iii) ECI shall then upload the data on its website on or before 5 pm on 17 March 2024; and

(iv) A copy of the scanned and digitized files shall also be made available to Mr Amit Sharma to obviate the replication of the process of digitization.

The Miscellaneous Application is accordingly disposed of.

The judgment of the Constitution Bench in Association for Democratic Reforms vs Union of India2 required the State Bank of India3 to furnish to the ECI all details of the Electoral Bonds purchased, and, as the case may, redeemed by political parties, including the date of purchase/redemption, name of the purchaser and the denomination of the Electoral Bond purchased. It has been submitted that SBI has not disclosed the alpha-numeric numbers of the Electoral Bonds.

2 [2021] 2 SCR 851 : Writ Petition (Civil) No 880 of 2017

"SBI"

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The Solicitor General of India submits that since he is not appearing for SBI, notice may be issued to it.

We direct the Registry to issue notice to SBI, returnable on 18 March

2024. Additionally, we also direct the presence of a Senior Officer of SBI who is responsible for the management and storage of details of Bonds purchased and redeemed on the next date of hearing.

10. A copy of this order shall be served by the Registrar (Judicial) on Mr Sanjay Kapur, Standing Counsel for SBI.

Headnotes prepared by: Nidhi Jain Result of the case: Miscellaneous Application disposed of.