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Civil · Reportable judgment

Association of Democratic Reforms & Anr. vs Union of India & Ors.

Court
Supreme Court of India
Date
18 March 2024
Case No.
MISCELLANEOUS APPLICATION No. 596/2024
Result
Disposed
Bench
D.Y. Chandrachud, Sanjiv Khanna, Bhushan Ramkrishna Gavai, J.B. Pardiwala, Manoj Misra
Citation
[2024] 3 S.C.R. 1315 : 2024 INSC 226
Supreme Court Reports [2024] 3 S.C.R. 1315 : 2024 INSC 226
Issue for consideration
What is the extent of information required to be furnished by the State Bank of India under sub-paragraphs “b” and “c” of paragraph

219 of Association for Democratic Reforms & Anr. Vs. Union Of India & Ors. [2024] 2 SCR 420?
Headnote

Elections – Electoral Bonds – 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 – 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 contributions – The expression “include” in both subparagraphs “b” and “c” 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 – SBI is required to make a complete disclosure of all details in its possession – This will also comprehend the alphanumeric number and serial number of the Electoral Bonds which were purchased and redeemed – Chairman and Managing Director of SBI directed to submit the details to the Election Commission of India – Election Commission of India directed to upload the details forthwith on receipt of communication by SBI. [Paras 7, 8, 11, 12]

Elections – Electoral Bonds – Miscellaneous Application filed for pre-dating point of disclosure – Rejected as not maintainable

Held: Vide sub-paragraphs “b” and “c” 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 – 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]

Keywords: Electoral Bonds · Full disclosure · Miscellaneous Application · Maintainability

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order Miscellaneous Application Diary No 12580 of 2024 1. On being mentioned, the Miscellaneous Application is taken on Board. 2. In sub-paragraphs “b” and “c” 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
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