Supreme Court Deletes Adverse Remarks and Costs Imposed on State Election Commission After Unconditional Apology

The State Election Commission (Uttarakhand) filed a Miscellaneous Application seeking modification of the Supreme Court’s order dated 26 September 2025 in earlier SLP. In the earlier order, the Court had dismissed the SLP with costs of Rs. 2,00,000/-, noting with displeasure that counsel repeatedly pressed for orders despite the Bench expressing its inclination not to interfere with the High Court’s interlocutory ruling.

The applicant sought three reliefs: expunging remarks against counsel, waiver of costs, and any appropriate further direction. An unconditional and bona fide apology was tendered by the counsel before the Court during the hearing of the modification application.

Core Issue: Whether the Supreme Court should modify its earlier order by removing adverse remarks against counsel and waiving the Rs. 2 lakh costs imposed for persistent insistence after the Court had indicated its mind.

SC’s Ruling: The Court acknowledged the unconditional apology and emphasized that once the Bench has conveyed its inclination, counsel must respect the Court’s indication to preserve decorum and orderly functioning. Although such conduct would normally result in rejection of the modification request, the Court considered the remorse expressed, as well as assurances by senior members of the Bar, and treated this as a first incident.

Hence, the Miscellaneous Application was allowed. The earlier order was modified to delete both the adverse remarks and the costs previously imposed on the State Election Commission. The Court cautioned that such conduct should not recur in the future.

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