ASSOCIATION OF DEMOCRATIC REFORMS & ANR. versus UNION OF INDIA & ORS.
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[2024] 3 S.C.R. 1315 : 2024 INSC 226 Association of Democratic Reforms & Anr. v. Union of India & Ors. (Miscellaneous Application No. 596 of 2024 In Miscellaneous Application Diary No. 11805 of 2024 In Miscellaneous Application No. 486 of 2024 In Writ Petition (Civil) No. 880 of 2017) 18 March 2024 [Dr Dhananjaya Y Chandrachud, CJI, Sanjiv Khanna, B.R, Gavai, J.B. Pardiwala and Manoj Misra, JJ.] Issue for Consideration What is the extent of information required to be furnished by the State Bank of India under sub-paragraphs βbβ and βcβ of paragraph 219 of Association for Democratic Reforms & Anr. Vs. Union Of India & Ors. [2024] 2 SCR 420? Headnotes Elections β Electoral Bonds β SBI directed to disclose details of each Electoral Bond encashed by political parties both in terms of the purchase and in terms of the receipt of contributions β Directions issued to State Bank of India and Election Commission of India Held: A plain reading of paragraph 219 of Association for Democratic Reforms & Anr. vs. Union of India & Ors. [2024] 2 SCR 420 indicates that SBI was required to submit all details, both in terms of the purchase and in terms of the receipt of contributionsΒ β The expression βincludeβ in both subparagraphs βbβ and βcβ of paragraph 219 demonstrate that the inclusive part is illustrative and not exhaustive of the nature of the disclosure which is to be made by SBI β SBI is required to make a complete disclosure of all details in its possession β This will also comprehend the alphanumeric number and serial number of the Electoral Bonds which were purchased and redeemed β Chairman and Managing Director of SBI directed to submit the details to the Election Commission of India β Election Commission of India directed to 1316 [2024] 3 S.C.R. Digital Supreme Court Reports upload the details forthwith on receipt of communication by SBI. [Paras 7, 8, 11, 12] Elections β Electoral Bonds β Miscellaneous Application filed for pre-dating point of disclosure β Rejected as not maintainable Held: Vide sub-paragraphs βbβ and βcβ of paragraph 219 of Association for Democratic Reforms & Anr. vs. Union of India & Ors. [2024] 2 SCR 420, the State Bank of India has been directed to furnish the details of Electoral Bonds purchased as well as the Political Parties which have received contributions through Electoral Bonds since the date of the interim order dated 12 April 2019 β Since the Miscellaneous Application filed by the Applicant sought for pre-dating of the point of disclosure, the same rejected as amounting to substantive modification of the judgment. [Paras 3,4] List of Keywords Electoral Bonds; Full disclosure; Miscellaneous Application; Maintainability; Case Arising From CIVIL ORIGINAL JURISDICTION: Miscellaneous Application No. 596 of 2024 In Miscellaneous Application Diary No. 11805 of 2024 In Miscellaneous Application No. 486 of 2024 In Writ Petition (Civil) No. 880 of 2017 From the Judgment and Order dated 15.03.2024 of the Supreme Court of India in D No.11805 of 2024 Appearances for Parties Kapil Sibal, Vijay Hansaria, Sr. Advs., Varun thakur, Varinder Kumar Sharma, Ms Sneha Kalita, Ms. Kavya Jhawar, Ms. Nandini Rai, Ms. Doly Deka, Jessy Kurian, K.S. Bhati, Pawan Shree Agarwal, Advs. for the Petitioners. [2024] 3 S.C.R. 1317 Association of Democratic Reforms & Anr. v. Union of India & Ors. Tushar Mehta, SG, Harish Salve, Sr. Adv., Sanjay Kapur, Ms. Divya Singh Pundir, Ms. Mahima Kapur, Ms. Mansi Kapur, Mrs. Shubhra Kapur, Devesh Dubey, Surya Prakash, Arjun Bhatia, Ms. Isha Virmani, Kanu Agarwal, Rajat Nair, Raman Yadav, Shyam Gopal, Raj Bahadur Yadav, Prashant Bhushan, Ms. Neha Rathi, Ms. Kajal Giri, Pranav Sachdeva, Ms. Shivani Kapoor, Kamal Kishore, Advs. for the Respondents. Judgment / Order of the Supreme Court Order Miscellaneous Application Diary No 12580 of 2024 1. On being mentioned, the Miscellaneous Application is taken on Board. 2. In sub-paragraphs βbβ and βcβ of paragraph 2211 of the judgment of this Court dated 15 February 2024, the direction to the State Bank of India are to submit details of the (i) Electoral Bonds purchased; and (ii) Political Parties which have received contributions through Electoral Bonds. 3. This information has to be submitted since the date of the interim order dated 12 April 2019. In other words, all details which have been directed to be furnished in the operative directions of this Court are to be submit
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