Supreme Court - Daily Orders
Vivek Raj vs Bihar Legislative Council on 6 September, 2023
Bench: Sanjay Kishan Kaul, Sudhanshu Dhulia
ITEM NO.20 COURT NO.2 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 30907/2023
(Arising out of impugned final judgment and order dated 28-04-2023
in CWJC No. 6084/2023 passed by the High Court Of Judicature At
Patna)
VIVEK RAJ Petitioner(s)
VERSUS
BIHAR LEGISLATIVE COUNCIL & ORS. Respondent(s)
( IA No.167168/2023-CONDONATION OF DELAY IN FILING and IA
No.167169/2023-EXEMPTION FROM FILING O.T. and IA No.168334/2023-
INTERVENTION/IMPLEADMENT )
Date : 06-09-2023 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE SUDHANSHU DHULIA
For Petitioner(s) Mr. Prashant Bhushan, AOR
Ms. Neha Panchpal, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
The real grievance of the petitioner is that while dismissing the petition for non-impleadment of the effected person, also made some observations regarding the non-entertainment of issue of public interest litigation since it did not relate to rights and Signature Not Verified privileges of marginalized/weaker/inarticulate sections of society. Digitally signed by NEETA SAPRA Date: 2023.09.06 16:57:20 IST Reason:
Learned counsel submits that the issue is really one of quo 1 warranto as to whether the person occupying the post is eligible to occupy the post in terms of qualifications laid down in Schedule I of the Bihar Legislative Council and the rules regarding contractual appointment.
We are not inclined to interfere only for the reason that the one year contractual period has almost come to an end. We do appreciate the submission of learned counsel for the petitioner that if a quo warranto petition is filed, the entitlement of the person to hold the post as per the norms and qualifications are required to be examined.
Needless to say if there are any further extension in the tenure, it is always open to the petitioner to approach the High Court by a proper petition.
The special leave petition is dismissed with the aforesaid observations.
Miscellaneous application and pending application(s) stand disposed of.
(RASHMI DHYANI PANT) (POONAM VAID)
COURT MASTER COURT MASTER
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