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DEVENDRA KUMAR UPADHYAYA, AMIT BORKAR
Vanashakti – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. introduction of the petition and jurisdiction. (Para 1 , 2) |
| 2. challenge to the office memorandum. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. counter arguments from the union of india. (Para 11 , 12 , 13 , 15 , 16 , 17) |
| 4. identification of issues for determination. (Para 18 , 19 , 20) |
| 5. analysis of the office memorandum. (Para 21 , 22 , 23) |
| 6. legal precedents and their applicability. (Para 24 , 25 , 26) |
| 7. conclusion on the legality of the impugned office memorandum. (Para 27 , 28 , 29) |
| 8. hierarchy of laws and authority of executive instructions. (Para 30 , 31 , 32 , 33 , 34) |
| 9. implication of the invalidity of the office memorandum. (Para 35 , 36 , 37 , 38 , 39) |
| 10. final ruling on executive actions conflicting with statutory provisions. (Para 40 , 41 , 42 , 43) |
| 11. order and directions of the court. (Para 44 , 46 , 48) |
JUDGMENT :
Devendra Kumar Upadhyaya, C.J.
1. Heard Shri Akash Rebello, learned Counsel representing the petitioner – organization, Shri Y.R. Mishra, learned Counsel representing respondent No.1-Union of India, Shri Saket Mone, learned Counsel representing the Interveners – State of Nagaland and Patel and Associates and Shri Saurabh Butala representing the inter
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