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Ramji Lal Vs. State of Rajasthan and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtRajasthan High Court
Decided On
Case NumberApplication in S.B. Writ Petition No. 665 of 1985
Judge
Reported in1985WLN(UC)334
AppellantRamji Lal
RespondentState of Rajasthan and ors.
DispositionApplication dismissed
Excerpt:
constitution of india - article 226--necessary parties--sarpanch suspended by state government after preliminary enquiry in complaint--held, complainant is not necessary party in writ proceedings;application dismissed. - .....and proper party can only be the state government which has passed the impugned order. the applicants can neither be regarded as necessary parties nor they could be regarded as proper parties. the application is, therefore, dismissed.
Judgment:

Suresh Chandra Agrawal, J.

1. The applicants in this application for being impleaded as respondents are Panchas of Gram Panchayat, Naroli Dang, District Sawaimadhopur.

2. In the writ petition the petitioner who is Sarpanch of the said Gram Panchayat, has challenged the validity of the order passed by the State Government whereby the petitioner has been suspended from the office of Sarpanch. The applicants are seeking to be impleaded as parties on the ground that they had made a complaint against the petitioner and on the basis of the said complaint a preliminary enquiry was held and the impugned order of suspension was passed. It may be that the applicants made the complaint on the basis of which the impugned order of suspension was passed. But in so far as the present proceedings are concerned, the necessary and proper party can only be the State Government which has passed the impugned order. The applicants can neither be regarded as necessary parties nor they could be regarded as proper parties. The application is, therefore, dismissed.


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