Rajasthan High Court - Jaipur
Bahujan Samaj Party vs Honble Speaker, Rajasthan Legislative ... on 11 August, 2020
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8056/2020
Bahujan Samaj Party and anr.
----Petitioners
Versus
Honble Speaker, Rajasthan Legislative Assembly and ors.
----Respondents
For Petitioner(s) : Mr. Satya Pal Jain, Senior Advocate and Mr. Satish Chandra Mishra, Senior Advocate with Mr. Ashish Sharma and Mr. Dheeraj Jain For Respondent(s) : Mr. Kapil Sibal, Senior Advocate with Mr. Salman Khurshid, Senior Advocate with Mr. Prateek Kasliwal, Mr. Nizam Pasha, Mr. Sunil Fernandes, Ms. Supriya Saxena and Ms. Priyanka Pareek Mr. M.S. Singhvi, Senior Advocate with Mr. Darsh Pareek and Mr. Siddhant Jain Mr. Rajeev Dhawan, Senior Advocate with Ms. Alka Bhatnagar Mr. G.S. Bapna, Senior Advocate with Mr. Sanjay Sharma Mr. Shyam Divan, Senior Advocate with Mr. Harshal Tholia and Mr. Ghanshyam Singh Rathore Mr. Devadatt Kamat, Senior Advocate with Dr. V.B. Sharma Mr. Siddharth Luthra, Senior Advocate with Mr. Rajesh Maharshi Mr. Vivek Tankha, Senior Advocate and Major R.P. Singh, Senior Advocate with Mr. Shashwat Purohit, Mr. Varun K. Chopra and Mr. Jai Vardhan Joshi HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 11/08/2020 In S.B. Civil Misc. Application No.1/2020:-
(D.B. SAW/510/2020 has been filed in this matter. Please refer the same for further orders) (Downloaded on 11/08/2020 at 10:01:54 PM) (2 of 3) [CW-8056/2020] This application has been filed by the Indian National Congress as well as the Chief Whip, Dr. Mahesh Joshi seeking their impleadment as party-respondents in the writ petition.
Mr. Vivek Tankha, learned senior counsel appearing for the applicants submitted that since the order impugned dated 18.09.2019, pertains to merger of 6 MLAs of Bahujan Samaj Party in Indian National Congress, the applicants are necessary parties.
He contended that any order passed in the writ petition may adversely affect their interest and hence, they ought to be impleaded as party-respondents. He submitted that presence of the applicants is necessary for just and effective disposal of the controversy involved in the matter.
Per contra, Mr. Satish Chandra Mishra, learned senior counsel appearing for the petitioners, opposing the prayer, submitted that since the order of merger has been passed by the Hon'ble Speaker, the respondent no.1, the applicants are neither necessary nor proper parties.
Heard the learned counsels for the parties and perused the record. Since, the order dated 18.09.2019 passed by the respondent no.1 permitting merger of 6 MLAs of Bahujan Samaj Party in Indian National Congress, is under challenge in the writ petition and all the aforesaid 6 MLAs are party-respondents, in considered opinion of this Court, ends of justice would meet, if the applicants are permitted to intervene in the matter as there does not appear to be any dispute pertaining to material facts between the parties and the matter involves interpretation of the constitutional provisions.
(D.B. SAW/510/2020 has been filed in this matter. Please refer the same for further orders) (Downloaded on 11/08/2020 at 10:01:54 PM) (3 of 3) [CW-8056/2020] In these circumstances, the application stands disposed of in terms that the applicants are permitted to intervene in the matter.
In S.B. Civil Writ Petition No. 8056/2020:-
Arguments remained inconclusive.
List on 13.08.2020 as a 'first case'.
(MAHENDAR KUMAR GOYAL),J MADAN MEENA /10 (D.B. SAW/510/2020 has been filed in this matter. Please refer the same for further orders) (Downloaded on 11/08/2020 at 10:01:54 PM) Powered by TCPDF (www.tcpdf.org)