MAHANTH SUKHDEO GIRI Vs. KAPILDEO SINGH

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution for the quashing of the Notifications (Annexures B and B/1) of the petition on the ground of being illegal, mala fide and without jurisdiction. The relevant facts giving rise to this present application may be briefly stated as follows:

(2.) A counter-affidavit has been filed on behalf of the respondents First party and according to this counter-affidavit it was not necessary to frame any charge or to call for any explanation before superseding under Section 80 of the Act. It was also alleged that no improvement whatsoever had been effected by the President except that he had called some Press Conferences. It was also submitted that there was no mala fide and the supersession was on account of the materials which were available and which have been detailed in the counter-affidavit and the details of which have also been given in Annexure-B of the counter-affidavit.

(3.) It may also be mentioned here that a reply to the counter-affidavit has been filed in which it has been submitted that the person who filed the counter-affidavit was an Assistant and he was not competent to file any affidavit and that the then Minister ought to have himself filed an affidavit. There was also a denial of the allegations made in the counter-affidavit.