2009 (7) TMI 1240 - HC - Indian Laws

Summary

Issues Involved:
1. Impleadment of Ashok Kumawat as a respondent (IA No.6889/2009).
2. Continuation of the interim order dated 02.03.2009 (IA No.10881/2009).

Summary:

IA No.6889/2009:
The applicant, Ashok Kumawat, sought to be impleaded as a respondent in the writ petition, claiming he was handed over the charge of the office of Sarpanch after the petitioner was suspended. He argued that his presence was necessary to point out the illegalities committed by the petitioner and that he would be divested of the charge if the petition succeeded. The Court rejected the application, stating that the matter was solely between the petitioner and the Government. The applicant's role was deemed that of a witness rather than a necessary party, and he had no vested right to the office of Sarpanch. The application was thus dismissed.

IA No.10881/2009:
The petitioner sought clarification that the interim order dated 02.03.2009, which stayed the suspension order, continued to remain in operation as it had not been specifically vacated. The Court noted that the interim order was passed after notice and the respondents' failure to appear. The Court emphasized that the interim order was not intended to be limited to a particular period and should continue unless specifically vacated. The Court rejected the respondents' counsel's opinion that the interim order had lapsed and clarified that the interim order would continue until further orders. The application was disposed of, and the interim order was extended until further orders. The matter was listed for admission on 12.08.2009.