Nithyakalyani Narayanan. V
The Supreme Court recently dismissed a petition which challenged the Uttarakhand High Court that deleted some respondents from the list of parties while issuing notice in a case. The petition was an inquiry on the orders of the Speaker of the Legislative Assembly for the alleged ‘illegal’ appointment of 396 employees and officers in the Legislative Assembly between 2001 and 2022 by the then government and officers. The High Court had issued an order after deleting some respondents while issuing notice.
The Court while hearing the petition stated that there was no need to issue notice for unnecessary parties. The Bench asked, “How can you make so many respondents like this? MLA, MP, CM, you can’t do this…And you can’t ask for such prayers. They are not necessary parties”.
The Court stated that it is the discretion of the Court regarding whom to issue notice. The petitioner argued that those parties were involved in the case of illegal appointment, to which the court replied, “You may ask anything under the sky. It doesn’t mean that we should grant it”.
Taking these grounds into consideration, the Court has dismissed the petition. The petition held that several appointments were made on the basis of the direct recruitment in the Lok Sabha which is against the procedure according to law like not publishing advertisements for ad-hoc appointments and not conducting competitive exams, from the findings of the expert committee.
Name of the Case: Baij Nath v. Union of India And Ors
Diary Number: 16550-2023
Bench: Justice Bela Trivedi and Justice Prashant Kumar Mishra