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2016 Supreme(SC) 1735
SUPREME COURT OF INDIA
DIPAK MISRA, SHIVA KIRTI SINGH, JJ.
Union of India - Petitioner
Versus
Sh. Harish Chandra Singh Rawat And Anr. - Respondent
Petition(s) for Special Leave to Appeal (C) Nos.11567 of 2016
Decided On : 13-05-2016
Advocate Appeared:
For the Petitioner: Mr. Tushar Mehta, ASG Mr. R. Bala Subramanian, Adv. Mr. Nalin Kohli, Adv. Mr. Prabhas Bajaj, Adv. Mrs. Anil Katiyar, Adv. Mr. C.A. Sundram, Sr. Adv. Mr. E. C. Agrawala, Adv. Mr. Ashok K. Mahajan, Adv. Mr. Manohar Lal Sharma, Adv. Mr. Deepak Goel, Adv. Miss Suman, Adv.
For the Respondent: Mr. Nalin Kohli, Adv. Mr. Gaurav Sharma, Adv. Mr Prabhas Bajaj, Adv. Mr. Dhawal Mohan, Adv. Mr. Prateek Bhatia, Adv. Mr. Vara Gaur, Adv. Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. K.C. Kaushik, Adv. Mr. Amit Bhandari, Adv. Mr. Rahul Kaushik, Adv. Ms. Satya Priya Satyam, Adv. Ms. Bhuvneshwari Pathak, Adv. Ms. Anjana Singh, Adv. Mr. Javed-Ur Rahman, Adv. Dr. Rajeev Dhawan, Sr. Adv. Mr. K.C. Kaushik, Adv. Mr. Rahul Kaushik, Adv. Mr. Ayush Negi, Adv. Mr. Kapil Sibal, Sr. Adv. Mr. Mukesh K. Giri, Adv. Mr. Nizam Pasha, Adv.
The main legal point established in the judgment is the revocation of the Proclamation under Article 356 of the Constitution.
Headnote:
Proclamation - Revocation of Proclamation under Article 356 - The court discussed the Gazette Notification revoking the Proclamation issued under Article 356 of the Constitution in relation to the State of Uttarakhand.
Fact of the Case:
The court discussed the revocation of the Proclamation issued under Article 356 in relation to the State of Uttarakhand.
Finding of the Court:
The court issued notices to the respondents and directed them to file counter affidavits within six weeks. It also recorded submissions regarding the eviction of petitioners from their allotted accommodation and the facilities in the accommodation.
Issues: The issues involved the steps taken to evict the petitioners from their allotted accommodation and the dispute regarding the same.
Ratio Decidendi: The court's decision was based on the submissions made by the counsels regarding the eviction of the petitioners and the facilities in the accommodation.
Final Decision: The matter was listed for further hearing, and notices were issued to the respondents to file counter affidavits within six weeks.
ORDER :
1. In pursuance of our order dated 11.5.2016, Mr. Tushar Mehta, learned Additional Solicitor General appearing for the petitioner-Union of India, has produced the Gazette Notification dated 11.5.2016. The proclamation therein reads as follows :
“ PROCLAMATION
In exercise of the powers conferred by clause (2) of Article 356 of the Constitution, I, Pranab Mukherjee, President of India, hereby revoke the Proclamation issued under the said Article on the 27th March, 2016, in relation to the State of Uttarakhand.”
2. The said proclamation is kept on record.
3. Let these petitions be listed for further hearing on 12.7.2016.
SLP(C) NO.14584/2016
4. Heard Mr. C.A. Sundaram, learned Senior Counsel along with Mr. E.C. Agrawala appearing for the petitioners. Issue notice.
5. Mr. Kapil Sibal, learned Senior Counsel along with Mr. Mukesh Kumar Giri, learned Counsel, has entered appearance on behalf of respondent no.1.
6. Dr. Rajeev Dhawan, learned Senior Counsel along with Mr. Rahul Kaushik, learned counsel, has entered appearance on behalf of respondent no.2.
7. Hence, service is complete.
8. Let counter affidavit be filed by the respondents within six weeks.
9. List the matter on 12.7.2016.
10. Mr. C.A. Sundaram, learned Senior Counsel appearing for the petitioners, submits that the respondents are taking steps to evict the petitioners from their allotted accommodation in the capacity of members of Legislative Assembly.
11. Mr. Kapil Sibal, learned Senior Counsel appearing for respondent no.1, has disputed the same.
12. Dr. Rajeev Dhawan, learned Senior Counsel appearing for respondent no.2 i.e. Minister for Parliamentary Affiars, submits that the petitioners shall not be vacated from the allotted accommodation in the capacity of members of Legislative Assembly and no facilities in the accommodation shall be withdrawn. We so record.
13. SLP(C) NO.14497/2016
14. Issue notice.
15. Let copy of the special leave petition be served upon the Standing Counsel for the State of Uttarakhand.
16. Mr. Mukesh Kumar Giri, learned counsel, appears and accepts notice on behalf of other respondents.
