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2016 Supreme(UK) 129

U.C.DHYANI
Subodh Uniyal – Appellant
Versus
Speaker Legislative Assembly – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. C.A. Sundaram, Mr. Nageshwar Rao, Mr. Dinesh Dwivedi, Mr. Rishabh Agarwal, Mr. Pratik Dwivedi, Mr. Vikas Bahuguna
For the Respondent: Mr. Kapil Sibal, Mr. A.S. Rawat, Mr. Kartikeya Hari Gupta, Mr. K.C. Kaushik, Mr. Nizam Pasha, Mr. Amit Sibal, Ms. Padmalakshmi Iyengar, Mr. Javedur Rahman, Mr. Vinay Tripathi, Mr. Raveendra Bisht

JUDGMENT :

U.C. Dhyani, J.

1. Since the factual matrix of the above noted writ petitions and the law governing the field is the same, therefore, both the writ petitions are being decided together for the sake of brevity and convenience.

Reliefs Sought

2. By means of present writ petitions, the petitioners seek following reliefs, among others:

“(a) Writ, order or direction in the nature of certiorari be issued quashing the notices dated 19.03.2016 annexed as Annexure-1 alongwith the Order dated 27.03.2016 of the Speaker annexed as Annexure 11.

(b) Writ, order or direction in the nature of mandamus or any other writ, order or direction allowing the petitioners to participate in any voting of the legislature as ordered by the Governor, or for any other purposes.”

Factual Matrix

3. The facts giving rise to the present writ petitions are that all the petitioners are the Members of Legislative Assembly (MLAs) of Uttarakhand and belong to the Indian National Congress Party as they were elected on the tickets of Indian National Congress. Smt. Indira Hridyesh, former Minister of Parliamentary Affairs (respondent no.2 herein) filed complaint against the petitioners before the Speaker with a prayer f

























































































































































































































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