TRANSFER PETITION (CIVIL)
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. ……. / 20 …….
A TRANSFER PETITION UNDER SECTION 139-A (1) OF THE CONSTITUTION OF INDIA READ WITH ORDER XXXVI-A OF THE SUPREME COURT RULES, 1966
IN THE MATTER OF:
PARTY A ……PETITIONER
VERSUS
PARTY B ……RESPONDENTS
PETITION OF TRANSFER
To
The Hon’ble Chief Justice of India and his companion Justices of the Supreme Court of India
The humble petition of the petitioners above-named
MOST RESPECTFULLY SHOWETH:
This transfer petition under Article 139-A(1) of the Constitution of India seeks transfer of Writ Appeal no . 1313 entitled State of Andhra Pradesh v. Election Commission of India & Ors. pending before the Division Bench of the High Court of Judicature at Andhra Pradesh to Hon’ble Court on the ground that both the cases involve the same questions of law and are substantial questions of general public importance.
That the petitioner approaching this Hon’ble Court for seeking a transfer appeal with a view in avoiding inconsistent decisions of the two High Courts and would be in the interests of justice that this court may transfer the said cases to itself and dispose them of. The details of the two cases and the prayers made are hereunder:
That the writ petition filed by the respondent, State of Andhra Pradesh against the petitioner Election Commission of India challenging the orders and whereby directed the state to proceed with the work of preparation of issue of photo identity cards to voters.
Declaration made in the provision to rule 28(2), 28(3) and 28(4) inclusive of the provision and the rules 35(3) and 37(2) of the registration of electors rules and the conduct of election rules declared invalid.
A writ of Mandamus issued to any of the respondents to cancel , recall and withdraw the said orders and the decisions and directives contained.
A Writ of Certiorari be issued calling upon the respondents to certify and produce before the Hon’ble Court all records related to the impugned order.
An order of Injunction should be issued restraining the respondents, their servants and their agents from callingupon the chief electoral officer from taking any steps in implementation of the production of identity cards in the elections.
That both the cases involve the same questions of law of general public importance that the constitutional validity of section 61(1)(b) and Section 6(1)(c) of the representation of peoples act, 1951 as well as the validity of the Rule 28 of Registration of Electoral rules of the conduct of the election rules, 1961.
That the Hon’ble justice by an interim order came to prima facie that the notification and orders passed by the election commission of india were without jurisdiction. It was held that the challenge to the statutes and rules must fail and the orders were valid.
That the election commission has devised a time bound schedule for the completion of the work of issue of photo identity cards to voters to be completed by the states. These states have been sending progress reports relation to the work of preparation and supply of identity cards.
It may be mentioned that the Union of India represented by the solicitor general of India has in the course of civil appeal made a plea to this Hon’ble Court for transfer of the case pending in the High Court.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased:
To transfer the divorce Proceeding No. ……. Of 20…… in the court of the principal Sub-ordinate Judge …….. to the competent Court of Civil Judge, District …… State of …… and
To pass such other and/or further order (s) and/or directions as may be deemed just and proper.
And for this act of kindness, the petitioner shall ever pray as in duty bound.
NEW DELHI Drawn and Filed by:
FILED ON …… Advocate for the petitioner
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