ASSOCIATION OF DEMOCRATIC REFORMS & ANR.versusUNION OF INDIA & ORS.

          [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 “b” and “c” of paragraph
219 of Association for Democratic Reforms & Anr. Vs. Union Of
India & Ors. [2024] 2 SCR 420?

                           Headnotes
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
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    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]

                            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 “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 operative directions of this Court are
       to be submitted with effect from 12 April 2019.
4.     The relief which has been sought in the Miscellaneous Application
       for pre-dating the point of disclosure would amount to a substantive
       modification of the judgment. Hence, it cannot be dealt with in a
       Miscellaneous Application.
5.     The Miscellaneous Application is, therefore, not maintainable and is
       accordingly dismissed.
       Miscellaneous Application No 596 of 2024
6.     By the judgment of this Court dated 15 February 2024, this Court
       directed “the disclosure of information on contributions received by


1     2024 SCC OnLine SC 150
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     political parties under the Electoral Bond Scheme to give logical and
     complete effect” to the ruling.
7.   Thereafter, in paragraph 221, this Court issued operative directions.
     These directions in sub-paragraph “b” and “c” are in two parts. Sub
     paragraph “b” requires SBI to submit details of the Electoral Bonds
     purchased since the interim order dated 12 April 2019 “till date to the
     ECI”. Such details, the Court has indicated, “shall include the date
     of purchase of each Electoral Bond, the name of the purchaser of
     the bond and the denomination of the Electoral Bonds purchased”.
     Under the second part of the operative directions in sub-paragraph
     “c”, SBI was required to submit “the details of political parties which
     have received contributions through the Electoral Bonds” since the
     interim order dated 12 April 2019 till date to ECI. SBI was required
     to disclose details of each Electoral Bond encashed by political
     parties inclusive of the date of encashment and the denomination
     of the Electoral Bond.
8.   A plain reading of paragraph 221 of the order dated 15 February
     2024 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 sub-paragraphs “b” and “c” demonstrate
     that the inclusive part is illustrative and not exhaustive of the nature
     of the disclosure which is to be made by SBI.
9.   In other words, 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.
10. Mr Harish N Salve, senior counsel appearing on behalf of the SBI,
    states that there is no reservation on the part of the SBI in disclosing
    all details which are in its possession and custody.
11. In order to fully effectuate the judgment and to obviate any
    controversy in the future, we direct that the Chairman and the
    Managing Director of SBI shall file an affidavit on or before 5.00
    pm on 21 March 2024 indicating that SBI has disclosed all details
    of the Electoral Bonds which are in its possession and custody
    and that no details have been withheld from disclosure in terms of
    the directions contained in paragraph 221 of the judgment dated
    15 February 2024.
[2024] 3 S.C.R.                                                     1319

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


12. The Election Commission of India shall upload the details forthwith
    on receipt of the communication by SBI.


     Headnotes prepared by:                            Result of the case:
     Mukund P Unny, Hony. Associate Editor     Miscellaneous Applications
     (Verified by: Liz Mathew, Sr. Adv.)                      disposed of