The Election Commission of India has filed an application before the Supreme Court for modification of its order dated 11.03.2024. The application is listed tomorrow before a five-judge bench of the Supreme Court. 

The application reads as under:-

1. By the present Application, the Applicant-Election Commission of India seeks modification/clarification of the Order dated 11.03.2024 passed by this Hon'ble Court in Miscellaneous 64929 Application No. 486 of 2024 in Writ Petition (Civil) No. 880 of
2017.The facts and circumstancesleading to the filing of the present Application are set out hereafter. True copy of the Order dated 11.03.2024 passed by this Hon'ble  Court in Miscellaneous Application No. 486 of 2024 in Writ Petition (Civil) No. 880 of 2017 is annexed herewith and marked as ANNEXURE-A/1.

2. It is stated that pursuant to the directions of this Hon'ble Court,  vide its Orders dated 12.04.2019 and 02.11.2023 passed in W.P.  (C) No. 880 of 2017, the Election Commission of India produced the information/data so sought, both:

(a) in a sealed cover, (containing 106 sealed envelopes) during the course of hearing in the aforementioned W.P. (C) No. 880 of  2017, as is evident from a perusal of the Order dated 02.11.2023  passed by this Hon'ble Court in W.P. (C) No. 880 of 2017; and

(b) in sealed boxes, (containing 309 and 214 sealed envelopes  respectively) in two tranches pursuant to the directions contained  in the Order dated 02.11.2023 passed by this Hon'ble Court in  W.P. (C) No. 880 of 2017.

3. It is respectfully stated that in the Order dated 11.03.2024 passed  by this Hon'ble Court in Miscellaneous Application No. 486 of 2024 [in Writ Petition (Civil) No. 880 of 2017], it has been observed by this Hon'ble Court that "Copies of the statements which were filed by the ECI before this Court would be maintained in the Office of the ECI".

4. It is most respectfully submitted herein that in compliance of the orders passed by this Hon'ble Court and in order to maintain the confidentiality of the aforesaid information/data, the Election Commission of India forwarded the documents received by it to this Hon'ble Court in sealed covers/boxes, without retaining any copies of the same. Thus, no copies of the documents/statements filed by the Election Commission of India before this Hon'ble Court in the instant case were ever retained by it.

5. In view of the same, it is requested that the aforementioned portion of the Order dated 11.03.2024 passed by this Hon'ble 
Court in Miscellaneous Application No. 486 of 2024 [in Writ Petition (Civil) No. 880 of 2017] may be rectified/modified and the aforementioned documents/data/information so submitted by the Election Commission of India before this Hon'ble Court in sealed covers/boxes may be returned to it, to enable the Election Commission of India to comply with the directions passed by this Hon'ble Court, as contained in the Order dated 11.03.2024.

6. The Applicant-Election Commission of India submits that the present application isbeing moved bonafide and it would be in the interests of justice for thisHon’ble Court to grant the relief prayed for.

PRAYER

The Applicant most respectfully prays that this Hon’ble Court may graciously be pleased to:
(i) direct clarification and modification of the operative portion of the Orderdated 11.03.2024 passed by this Hon'ble Court in Miscellaneous Application No. 486 of 2024 [in Writ Petition (Civil) No. 880 of 2017]; and/or

(ii) direct release of the documents/data/information submitted by the Election Commission of India before this Hon'ble Court in sealed covers/boxes, pursuant to the Orders dated 12.04.2019 and 02.11.2023 passed by this Hon'ble Court in W.P. (C) No. 880 of 2017; and/or