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SUPREME COURT OF INDIA
Krishna Murari, Hima Kohli, JJ.
Eknathrao Sambhaji Shinde – Appellant
Versus
Deputy Speaker Maharashtra State Legislative Assembly & Ors. – Respondents
Writ Petition(s)(C) No. 469 of 2022
Decided On : 20-07-2022
Notice - Writ Petitions - Larger Bench Consideration - Submission of Issues and Documents - Lead Matter
Fact of the Case:
The court heard senior advocates for the parties and issued notice in Writ Petitions No. 493/2022 and 479/2022. It was agreed that some issues raised may require consideration by a larger Bench. Both sides were requested to submit the issues and relevant documents by a specified date. W.P.(C)No. 493/2022 was designated as the lead matter, and the respondents were directed to file a common counter affidavit.
Finding of the Court:
The court found that certain issues raised in the petitions may require consideration by a larger Bench and directed the parties to submit the issues and relevant documents. W.P.(C)No. 493/2022 was designated as the lead matter, and the respondents were directed to file a common counter affidavit.
Issues: The issues raised in the petitions may require consideration by a larger Bench.
Ratio Decidendi: The court decided to consider certain issues raised in the petitions by a larger Bench and directed the parties to submit the issues and relevant documents. It designated W.P.(C)No. 493/2022 as the lead matter and directed the respondents to file a common counter affidavit.
Final Decision: The matters were listed for the 1st week of August, 2022.
ORDER
1. Heard learned Senior Advocates appearing for the parties.
2. Issue notice in Writ Petitions No. 493/2022 and 479/2022.
3. Learned Advocates appearing for the respondents accept notice.
4 After hearing learned Senior Advocates appearing for the parties, it is agreed that some of the issues raised, may require consideration by a larger Bench, if necessary.
5. Considering the peculiar issues raised in these petitions, it would be appropriate if both sides pen down the issues which they propose to argue. Learned advocates for the parties are requested to submit the issues along with a common compilation of the relevant documents filed in the connected petitions, preferably by 27th July, 2022.
6. At the request of Mr. Kapil Sibal, learned Senior counsel, which is not opposed by the other side, W.P.(C)No. 493/2022 shall be treated as the lead matter. The respondents are directed to file a common counter affidavit that shall deal with all the factual averments made by the other side, which they wish to rebut.
7. List the matters in the 1st week of August, 2022.
Consideration of issues by a larger Bench and submission of issues and relevant documents by the parties.
The court emphasized the importance of timely filing affidavits and compliance with procedural orders in administrative matters.
The court allows tagging of similar cases for efficient adjudication and sets timelines for responses in writ proceedings.
The court underscores the importance of scheduling timely hearings to ensure all parties can fully present their arguments in multiple appeals concerning education.
The court emphasized procedural compliance in issuing notice to respondents in a legal matter.
Court addressed the adequacy of investigation findings and transfer requests in a writ petition context.
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