High CourtsDivision Bench(2020) 07 RAJ CK 0071

Prithviraj Meena vs Hon'ble Speaker

Rajasthan High Court · Decided on 21 July 2020

HON’BLE JUDGES
I. Mahanty, CJ · and Prakash Gupta, J
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No. 7451 Of 2020

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Judgment

28 paragraphs · 467 words

D.B. Civil Misc. Application No. 1/2020:-

1.

Counsel for the petitioners seeks to withdraw D.B. Civil Misc. Application No. 1/2020.

2.

The prayer is accepted.

3.

The application is accordingly dismissed as withdrawn.

D.B. Civil Misc. Application Nos. 4/2020, 5/2020 & 6/2020:-

4.

Heard learned counsels for the parties on the applications seeking intervention.

5.

Heard also Mr. Mukul Rohatgi, learned senior counsel for the petitioner, Mr. Devadatt Kamat, learned Senior Counsel for respondent No. 4 as well

as Mr. M.S. Singhvi, learned Advocate General on intervenor applications.

6.

Having heard learned counsel for the intervenors and learned counsel for the parties, we record the fact that learned counsel appearing for the writ

petitioners do not have any objection to the intervention applications to be entertained. However, the learned Advocate General appearing for the

Speaker raised contention against such intervention applications on the ground that the present writ petition is not a public interest litigation and the

intervenors are neither proper nor necessary parties. Hence, the intervention applications ought not to be entertained.

7.

Learned counsels appearing for the three intervenors inter-alia contended that the challenge made in the writ application is to the constitutional

validity of para 2(1)(a) of Tenth Schedule to the Constitution of India. Consequently, the prayer made by the writ petitioners will have a wide public

impact and, therefore, they are essentially concerned with the public interest at large.

8.

Considering the submissions advanced by all the parties, the intervention applications are allowed. The applicants are impleaded as respondent Nos.

5, 6 and 7 respectively. They shall file amended cause title, which will be taken on record. The parties are directed to serve copies of writ application

as well as reply affidavit, if any, filed before this Court on the counsels who have been impleaded as respondents No. 5, 6 and 7, as directed

hereinabove.

D.B. Civil Writ Petition No. 7451/2020:-

9.

This Court further takes note of the fact that the written submissions have been filed on behalf of the petitioners, respondents No. 1, 2 and 3 as well

as respondent No. 4 after the lunch break. The same are taken on record.

10.

Having heard learned counsels for the respective parties and taking on record the submissions advanced on behalf of the respective parties as

noted hereinabove, we direct that matter shall be listed on 24/07/2020 for passing of necessary orders.

11.

In view of above directions, we therefore, further request the Hon'ble Speaker, who has been pleased to extend the period for filing reply by the

writ petitioners till 5.30 p.m. as of today i.e. 21.07.2020, to extend the said period till the delivery of orders by this Court on 24/07/2020 and we direct

accordingly.

12.

The matter shall be listed on 24.07.2020. The parties are directed to act accordingly.