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R. SURESH KUMAR, K. KUMARESH BABU
State of Tamil Nadu, Rep. , by its Chief Secretary to Govt. , Secretariat, Chennai – Appellant
Versus
M. K. Stalin – Respondent
JUDGMENT :
R. SURESH KUMAR, K. KUMARESH BABU, JJ.
Common Prayers: Writ Appeals have been filed under Clause 15 of Letter Patent against the order dated 13.12.2018 made in W.P.Nos.26924 & 27376 of 2018.
1. The brief facts leading to these appeals are as follows:-
During the years 2006-2011, the government of Tamil Nadu took a policy decision to construct new legislative assembly buildings. At that relevant point of time, the political party to which the first respondents in the respective appeals belonged to was in power. In the assembly elections held in the year 2011, the rival political party had gained power. Thereafter on various allegations which were made against the manner in which the construction of the new assembly building was carried out, an enquiry commission under the chairmanship of retired Judge of this court was formed. Since the Chairman demitted his office by resignation, another retired judge of this court was appointed in his place. After the new incumbent had assumed office, and pursuant to the documents collected by the authorised officer, summons were issued
A third party cannot be joined as an additional appellant in a writ appeal without the existing appellant's consent, preserving procedural integrity and avoiding conflicting interests.
Suppression of material facts and failure to join necessary parties render a writ petition untenable; fraud on the court mandates dismissal of the case.
The main legal point established in the judgment is that the provisions of Section 311, 165, and 319 of the Code of Criminal Procedure do not provide for the impleadment of a person who is not likely....
The main legal point established in the judgment is the mandatory compliance with procedural requirements for initiating the removal and disqualification of an elected member of the Panchayat, includ....
The impact of change in government on legal proceedings and the need for decisions to be based on statutory provisions, reasonableness, and public interest.
A full-fledged inquiry is mandatory when an elected representative denies allegations against their conduct, ensuring adherence to principles of natural justice as outlined in statutory provisions.
Concept of 'proper parties' is and must remain alien to an election dispute under Representation of People Act, 1951.
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