ASSOCIATION FOR DEMOCRATIC REFORMS AND ANOTHERversusUNION OF INDIA AND OTHERS

                  [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 alpha-
       numeric 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.
* Author
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                              List of Keywords
       Scanning and digitization of documents; Electoral bonds; Alpha-
       numeric numbers of the Electoral Bonds.

                             Case Arising From
       CIVIL ORIGINAL JURISDICTION : 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 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
1.     An application has been filed by the Election Commission of India1
       seeking further directions.
2.     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.



1    “ECI”
[2024] 3 S.C.R.                                                           419

              Association for Democratic Reforms and Another v.
                           Union of India and Others

3.    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.
4.    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.
5.    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.
6.    The Miscellaneous Application is accordingly disposed of.
7.    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
3    “SBI”
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8.     The Solicitor General of India submits that since he is not appearing
       for SBI, notice may be issued to it.
9.     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.