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2024 Supreme(SC) 733

HRISHIKESH ROY, SUDHANSHU DHULIA, S. V. N. BHATTI
Salam Samarjeet Singh – Appellant
Versus
High Court of Manipur At Imphal – Respondent


Advocates appeared:
For the Petitioner: Mr. Rana Mukherjee, Adv. Mr. Ahanthem Romen Singh, Adv. Ms. Oindriala Sen, Adv. Mr. Mohan Singh, Adv Mr. Aniket Rajput, Adv. Ms. Khoisnam Nirmala Devi, Adv. Mr. Rajiv Mehta, AOR
For the Respondent: Mr. Vijay Hansaria, Sr. Adv. Mr. Maibam Nabaghanashyam Singh, AOR Ms. Kavya Jhawar, Adv. Ms. Nandini Rai, Adv.

JUDGMENT :

1. Heard Mr. Rana Mukherjee, learned Senior Counsel appearing for the petitioner. The respondents – High Court of Manipur and the Registrar General are represented by Mr. Vijay Hansaria, learned Senior Counsel.

2. While deciding this writ petition filed under Article 32 of the Constitution of India, there was a difference of opinion and having regard to the conflicting judgments rendered by the two learned Judges on 7.10.2016, the matter was directed to be placed before a three-judge Bench. Thereafter, when a similar question of law was found pending before the Constitution Bench i.e., in Tej Prakash Pathak and Others vs. Rajasthan High Court and Others1[Tej Prakash Pathak And Ors. v. Rajasthan High Court And Ors. C.A. No. 2634/2013 & batch] (for short “Tej Prakash Pathak”), this case was tagged with the said case. On 12.07.2023, however submission was made before the Constitution Bench by the learned counsel for the parties that reference to the Constitution Bench along the lines in Tej Prakash Pathak (supra) is unnecessary and therefore the difference of opinion between the two Judges in the present case should be resolved by a three-Judge Bench.

3. According to the learn

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