Union Of India & Ors vs Dinesh Prasad on 30 October, 2012
5. Mr Gagan Basotra Learned Senior Counsel candidly admitted that
vide SO 24 dated 22.01.2021, the sub-rule (3F) of Rule 108-A of the JK
Panchayati Raj Rules has been deleted but he vehemently argued that the Rule
4(1) of SO 13 dated 11.11.2021 is still in existence that runs contrary to the
Rule 3(B) appended to rule 108-A of JK Panchayati Raj Rules 1996. Mr
Basotra Learned Senior Counsel also made an attempt to expand the scope of
the writ petition by throwing challenge to Rule 4(2) SO 13 dated 11.01.2021 on
the grounds those have never been pleaded in the writ petition as such the same
cannot be considered when the foundation for the same has not been laid in the
writ petition. Reliance is placed upon the decision of Apex Court in case
titled Union of India v. Dinesh Prasad reported in (2012) 12 SCC 63 and
relevant para is extracted as under: