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2016 DIGILAW 775 (SC)

Union of India v. Harish Chandra Singh Rawat

2016-05-13

DIPAK MISRA, SHIVA KIRTI SINGH

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ORDER : 1. In pursuance of our order dated 11.5.2016, Mr. Tushar Mehta, learned Additional Solicitor General appearing for the petitioner-Union of India, has produced the Gazette Notification dated 11.5.2016. The proclamation therein reads as follows : “ PROCLAMATION In exercise of the powers conferred by clause (2) of Article 356 of the Constitution, I, Pranab Mukherjee, President of India, hereby revoke the Proclamation issued under the said Article on the 27th March, 2016, in relation to the State of Uttarakhand.” 2. The said proclamation is kept on record. 3. Let these petitions be listed for further hearing on 12.7.2016. SLP(C) NO.14584/2016 4. Heard Mr. C.A. Sundaram, learned Senior Counsel along with Mr. E.C. Agrawala appearing for the petitioners. Issue notice. 5. Mr. Kapil Sibal, learned Senior Counsel along with Mr. Mukesh Kumar Giri, learned Counsel, has entered appearance on behalf of respondent no.1. 6. Dr. Rajeev Dhawan, learned Senior Counsel along with Mr. Rahul Kaushik, learned counsel, has entered appearance on behalf of respondent no.2. 7. Hence, service is complete. 8. Let counter affidavit be filed by the respondents within six weeks. 9. List the matter on 12.7.2016. 10. Mr. C.A. Sundaram, learned Senior Counsel appearing for the petitioners, submits that the respondents are taking steps to evict the petitioners from their allotted accommodation in the capacity of members of Legislative Assembly. 11. Mr. Kapil Sibal, learned Senior Counsel appearing for respondent no.1, has disputed the same. 12. Dr. Rajeev Dhawan, learned Senior Counsel appearing for respondent no.2 i.e. Minister for Parliamentary Affiars, submits that the petitioners shall not be vacated from the allotted accommodation in the capacity of members of Legislative Assembly and no facilities in the accommodation shall be withdrawn. We so record. 13. SLP(C) NO.14497/2016 14. Issue notice. 15. Let copy of the special leave petition be served upon the Standing Counsel for the State of Uttarakhand. 16. Mr. Mukesh Kumar Giri, learned counsel, appears and accepts notice on behalf of other respondents.