State Of Assam
v.
Union Of India And Others
(Supreme Court Of India)
Civil Miscellaneous Petitions Nos. 32534-35 of 1988 | 10-01-1989
2. We have heard learned counsel for the plaintiff-State of Assam and the learned counsel for the defendants, namely, Union of India, the State of Nagaland and the Election Commission. Taking into consideration all the aspects of the case and the balance of convenience we feel that the appropriate order that should be passed in this case is that we should allow the Election Commission to conduct the election scheduled to be held on January 21, 1989 in the areas in dispute in any of manners indicated by it in para 4 of its counter-affidavit, namely, either by setting up polling stations in the disputed areas at the same sites and locations at which they were set up at the time of the last general election to the Nagaland Legislative Assembly held in November 1987 or in any other manner it considers appropriate. The election shall be held under the supervision of the Election Commission of India with the assistance of the police force selected by it. This order is subject to the decree to be passed in the suit
3. Written statements of the defendants shall be filed in this suit by the end of February 1989. The plaintiff shall file replies, if any, to the written statements by March 8, 1989. All the parties shall file all the documents on which they rely before March 8, 1989.
4. The case shall be posted for settlement of issues to March 10, 1989. Leave is granted to institute the suit without notice. This disposes of CMP Nos. 32534-35 of 1988
Court Master.
Advocates List
For
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE E. S. VENKATARAMIAH
HON'BLE JUSTICE N. D. OJHA
Eq Citation
(1989) SUPPL. 2 SCC 531
(1988) 2 SCC 242
1989 (1) SCALE 65
LQ/SC/1989/10
HeadNote
Constitution of India — Art. 32 — Interim relief — Election to be held in disputed areas — Election Commission directed to conduct election in disputed areas in any of manners indicated by it in its counteraffidavit, namely either by setting up polling stations in disputed areas at same sites and locations at which they were set up at time of last general election to Nagaland Legislative Assembly held in November 1987 or in any other manner it considers appropriate — Election to be held under supervision of Election Commission of India with assistance of police force selected by it — Held, this order is subject to decree to be passed in suit — Writ petition allowed
Deleting Note..
Are you sure you want to move this note to trash?
