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SUPREME COURT OF INDIA
Sanjay Kishan Kaul, M.M. Sundresh, JJ.
Usha Kaushik – Appellant
Versus
The State of Bihar & Ors. Etc. – Respondent
SLP (C) Nos. 10563-10565 of 2022 with SLP(C) No. 10862-10864 of 2022
Decided On : 13-07-2022
Exemption - Filing of Documents - Summary
Fact of the Case:
The court allowed applications for exemption from filing O.T., exemption from filing C/C of the impugned judgment, and permission to file additional documents/facts/annexures.
Finding of the Court:
The court issued notice and stayed the operation of the impugned judgment, allowing the elected persons to continue participating as members of the Panchayat. The parties were directed to file counter affidavit and rejoinder within specified timelines.
Issues: Exemption from filing documents, notice issuance, stay of judgment operation, and timelines for filing pleadings.
Ratio Decidendi: The court exercised discretion in allowing exemptions and issuing notice, while also staying the operation of the impugned judgment and setting timelines for filing pleadings.
Final Decision: The court granted exemptions, issued notice, stayed the operation of the judgment, and set timelines for filing pleadings.
ORDER
1. Applications for exemption from filing O.T., exemption from filing C/C of the impugned judgment and permission to file additional documents/facts/annexures are allowed.
2. Issue notice.
3. Mr. Abhay Kumar, learned counsel accepts notice for respondent No. 5 (Usha Kaushik) and Mr. Kailas Bajirao Autade, learned counsel for respondent No. 1 in SLP(Civil) Nos. 10862-10864/2022 and respondent No. 5 in SLP(Civil) Nos. 10563-10565/2022 (Saryug Mochi, Punam Devi and Vijay Paswan).
4. Dasti in addition through standing counsel for the State.
5. Counter affidavit be filed within four weeks.
6. Rejoinder be filed within two weeks thereafter.
7. In the meantime, the operation of the impugned judgment is stayed but the elected persons will continue to participate as members of the Panchayat.
8. List for directions on 01.09.2022 to ensure pleadings are complete and thereafter the matter can be set down for hearing.
9. The parties to also file short synopsis running into not more than 3 pages each.
The court has the discretion to grant exemptions, issue notice, and set timelines for filing pleadings in the interest of justice.
The Court's authority to stay a lower court judgment pending further consideration was affirmed, ensuring adequate preparation for the upcoming hearing.
Applications for condonation of delay granted; exemptions allowed.
The court directed that departmental proceedings may continue during the pendency of a writ petition in the absence of a specific stay, while mandating the exchange of concise written submissions to ....
The court has the discretion to grant exemptions and stays based on the parties' applications and acceptance of waiver of formal notice.
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