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Supreme Court To Consider Next Week Recalling Of Suo Motu Extension Of Limitation

LIVELAW NEWS NETWORK
9 Sep 2021 5:33 AM GMT
Supreme Court To Consider Next Week Recalling Of Suo Motu Extension Of Limitation
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The Supreme Court on Thursday said that it will consider next week the recalling of the suo motu order passed by it to extend the limitation period on account of COVID.A bench led by the Chief Justice of India NV Ramana said this while considering an application made by the Election Commission of India seeking modification of the suo motu extension of limitation as far as election petitions...

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The Supreme Court on Thursday said that it will consider next week the recalling of the suo motu order passed by it to extend the limitation period on account of COVID.

A bench led by the Chief Justice of India NV Ramana said this while considering an application made by the Election Commission of India seeking modification of the suo motu extension of limitation as far as election petitions are concerned.

When the ECI's application was taken today, the Chief Justice of India said "We understand the problem. We have to reconsider the orders passed in suo motu case with reference to all and not just Election Commission. Next week some time we will take up. We have to take call on all".

"According to me, the entire order should be recalled", Senior Advocate Vikas Singh, appearing for the ECI said.

The CJI then ordered the listing of the main matter next week.

The Election Commission of India has approached the Supreme Court seeking modification of its suo motu order of extending limitation so as to fix a time lime p for filing Election Petitions

An IA has been filed by ECI for fixing a timeline for filing Election Petitions in the States/Union Territories of Assam, Kerala, NCT of Delhi, Puducherry, Tamil Nadu and West Bengal, as in absence of the same, all EVMs used in these States/Union Territories are currently stuck or unable to be used/deployed for upcoming elections.

The Supreme Court had passed an order on March 23, 2020, directing that the period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not stood extended w.e.f. 15th March 2020 till further order/s on account of the COVID-19 pandemic.

Thereafter, noticing that the country was returning to normalcy, the extension of limitation brought to an end by order dated March 8, 2021.

However, taking into account the surge of COVID cases during the second wave, the Supreme Court on April 27 restored the first order(passed on March 23, 2020), and extended the limitation period with effect from March 14, 2021 until further orders.

Click here to read/download the order



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