(Dipak Misra, Amitava Roy and A.M. Khanwilkar, JJ.)
Shailesh Manubhai Parmar __________________________ Petitioner
v.
Election Commission of India through The Chief Election Commissioner & Ors. ____________________________ Respondent(s)
Writ Petition (Civil) No. 631/2017, decided on August 3, 2017
The Order of the court was delivered by
Order
1. Issue notice.
2. As Mr. Ashok Desai, learned senior counsel along with Mr. Amit Sharma, learned counsel has entered appearance on behalf of the Election Commission of India, no further notice need be issued. No notice be issued to the respondent Nos. 3 and 4, as the real contesting party according to us is Election Commission of India.
3. On being asked, Mr. K.K. Venugopal, learned Attorney General appearing for the Union of India has submitted that the Union of India has nothing to do with the issue of notification by the Election Commission of India. However, as a constitutional issue has arisen, we request Mr. K.K. Venugopal to assist the Court in the matter. Even if the election is held and results are declared, the matter shall be heard as a constitutional issue is involved.
4. Mr. Ashok Desai, learned senior counsel, being instructed by Mr. Amit Sharma, learned counsel, undertake to file counter affidavit within two weeks hence. Rejoinder affidavit, if any, be filed within two weeks therefrom.
5. Let the matter be listed on 13th September, 2017, for final disposal.
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