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2010 Supreme(Del) 258

S.MURALIDHAR
Sat Prakash Rana – Appellant
Versus
Lieutenant Governor of Delhi – Respondent


Advocates Appeared:
For the Petitioner:Sanjay Jain, Senior Advocate, Jayant Tripathi, Ruchi Saini, Advocates.
For the Respondents: N. Waziri, Standing counsel for GNCTD.

Judgment :

1. The Petitioner, a Member of the Legislative Assembly (MLA) of Delhi, seeks the quashing of the proceedings before the Lokayukta, Delhi in Complaint No.C-236/Lok/2009 titled “Ramesh Thakur v. Sat Prakash Rana”. He also seeks the quashing of two separate orders dated 17th February 2010 passed by the Lokayukta in the said case.

2. Although the Lokayukta, Delhi was impleaded as Respondent No.1 in this writ petition and was also represented by counsel, this Court is of the view that an authority whose orders are under challenge, ought not to be made a party to the proceedings. This position is settled by the Supreme Court in Savitri Devi v. District Judge Gorakhpur 1999 (2) SCC 577 and Fakeerappa v. Karnataka Cement Pipe Factory (2004) 2 SCC 473 and the Division Bench of this Court in Union Public Service Commission v. Shiv Shambu 2008 IX AD (Del) 289. Accordingly, the name of the Lokayukta , Delhi is deleted from the array of parties in the present case. The cause title of this writ petition will read as “Sat Prakash Rana v. The Lieutenant Governor of Delhi & Another”. Consequently, the other respondents i.e. the Lt. Governor (LG) and Mr. Ramesh Thakur will be Respondents

























































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