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2008 DIGILAW 1693 (SC)

Amarinder Singh v. Special Committee, Punjab Vidhan Sabha

2008-10-03

AFTAB ALAM, B.N.AGRAWAL, G.S.SINGHVI

body2008
JUDGMENT : Mr. Aftab Alam, J. Special Leave Petition (C) No. 24033 of 2008, WPs (C) Nos. 443 and 442 of 2008 Leave granted in the Special Leave Petition and Writ Petitions are admitted. 2. Heard learned counsel appearing on behalf of the parties in the matter of grant of interim relief. 3. Pending disposal of the appeal and writ petitions, the following directions are given: (1) Prayer for staying order dated 10-9-2008, expelling Captain Amarinder Singh for the remaining term of the Thirteenth Punjab Vidhan Sabha is rejected. (2) The direction in the impugned order to take steps for having the seat of Captain Amarinder Singh declared as vacant shall remain stayed. (3) The direction in the order dated 10-9-2008, to the Vigilance Department to submit a report to the Speaker of the Punjab Legislative Assembly within two months shall remain stayed. (4) Police shall proceed with the investigation against Captain Amarinder Singh, Choudhary Jagjit Singh and Shri Jugal Kishore Sharma in accordance with law without being influenced by any observation or directions in the order dated 10-9-2008, and findings in the report of the Special Committee on the basis of which the said order has been passed. Transfer Petition (C) No. 1087 of 2008 4. Heard learned counsel for the parties. 5. In view of the nature of controversy involved in CWP No. 16216 of 2008, filed in the High Court of Punjab and Haryana, we feel that it would be just and expedient to transfer the said case to this Court. 6. Accordingly, CWP No. 16216 of 2008, pending in the High Court of Punjab and Haryana is transferred to this Court for being heard along with civil appeal arising out of SLP (C) No. 24033 of 2008 and Writ Petition (C) No. 443 of 2008 and Writ Petition (C) No. 442 of 2008. 7. Four weeks' time is allowed to the parties to file counter-affidavits in the civil appeal, writ petitions and the transferred case. Rejoinder- affidavit, if any, may be filed two weeks thereafter. 8. Let these cases be listed for hearing on 2-12-2008.