The court's decision emphasized the importance of providing opportunity for all parties to respond and present their case, ensuring fairness and due process.

Headnote:
Writ Petition - Notice to Respondents - Liberty granted for filing counter affidavits and amending the petition
Fact of the Case:

The court issued notice to respondent nos. 1 and 2, with service on respondent no.3 dispensed till further orders. Liberty was granted to file counter affidavits and to amend the petition.
Finding of the Court:

The court granted liberty to the respondents to file counter affidavits and to the petitioner to amend the petition, while also fixing the next hearing date.
Issues: Service of notice, filing of counter affidavits, amendment of petition, and fixing of next hearing date.
Ratio Decidendi: The court's decision was based on the need to ensure proper service of notice, grant opportunity for filing counter affidavits, and allow the petitioner to amend the petition.
Final Decision: The court ordered notice to respondent nos. 1 and 2, dispensed with service to respondent no.3, granted liberty for filing counter affidavits, and allowed the petitioner to amend the petition, fixing the next hearing date.

ORDER

Writ Petition(C) No. 53 of 2016

Issue notice to respondent nos. 1 and 2 only.

2. Service on respondent no.3 is dispensed with till further orders.

3. Mr. B.V. Balaram Das, Advocate accepts notice on behalf of the Union of India, and Mr. Vikas Singh Jangra, Advocate accepts notice on behalf of the Governor of Arunachal Pradesh.

4. Learned Attorney General for India appearing for the Union of India seeks liberty till 29.01.2016 to file counter affidavit, if any, and requests that the matter may be posted for hearing on 1.2.2016. Mr. Satya Pal Jain, learned senior counsel representing the Governor of Arunachal Pradesh undertakes to furnish a copy of the Governor's report and other material recommending issuance of a proclamation under Article 356 of the Constitution of India, to the Court in a sealed cover.

In the above view of the matter, liberty is granted to respondent nos. 1 and 2 to file their respective counter affidavits, if any, by 29.01.2016. Respondent no.2 shall also intimate the date of report of the Governor recommending President's Rule to the learned counsel for the petitioner during the course of the day.

On a request made by Mr. Fali S. Nariman, learned senior counsel representing the petitioner, liberty is granted to the learned counsel for the petitioner to amend Writ Petition No. 53 of 2016, so as to assail the report of the Governor, and the consequential proclamation.

List along with other matters on 1.2.2016 at 2.00 p.m.

Click Here to Read the rest of this document