Challenge To Election Commissioners' Law: Live Updates From Supreme Court

J Datta: when the Supreme Court is approached or a decision on such an important issue we cannot simply say that very well we will go by substance. This will not set a very good example. Then don't have petitions, don't have verification, don't have evidence. This has been our major experience.

J Datta: we are not saying that we will not entertain on this ground but it has to be cured. This is not the way to verify. Somebody has to take responsibility for that statement

Bhushan: we will do it. I can say that everything stated in the petition is factually correct. The person who was supposed to verify passed away

Bhushan: it happens sometimes.

J Datta: this is our experience in the supreme court. It doesn't happen in the High Court. Yesterday we refused to adjourn saying that this is important and now this is what is happening

J Datta: come to play page 35 of of your petition see the verification part.

Bhushan: above named deponent verified. It is blank.

Bhushan: and there was no attempt it seems by the government to defend this. They just moved a resolution and in a voice vote it was passed.

Advocate Prashant Bhushan for Association for Democratic Reforms reads out pleading in ADR's writ petition: there was virtually no debate because a number of MPs were suspended. Mr. Owaisi had submitted strongly that this Act goes against Anoop Baranwal and make the appointment totally on subjective satisfaction of the government

Hansaria: Substantially it is that it has to be outside executive control.

J Datta: is it there on record that a number of MPs were out?

Farasat: in our intervention we have specifically pleaded this.

J Datta: Is there any petition with better pleadings? This is nothing. In an article 32 petition there is no specific pleading about invalidity of section 7 and 8 on the grounds which you are raising.

Farasat: ADR petition is much more detailed.

Hansaria reads out the pleadings in the petition.

J Datta: What the pleadings you have taken for us to hold that the law violates principle of free and fair elections.

Hansaria: this is part of my submissions that in order to ensure purity of election the constitutional makers thought that holding of election should be entrusted to independent body insulated from political executive interference.