Sheikh Khurshid Alam (Student) 28 January 2011
Suppose an NGO files a PIL before the High Court against the state goverment ( against disqualification of MLAs) and another NGO files a PIL before the same court against the Union Govt. ( against imposition of president's rule) ........ Both the matters are clubbed together and posted for final hearing.
Now the Question is can the respondents challenge the clubbing together of the matters on the ground of conflicting interest?
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 28 January 2011
1. Only similar issues related to the PIL or WP may be clubbed for hearing and judgements.
2. The discretion to club PIL's or WP's is with the judge, after looking at the common issues between the various PIL's, if the Petitioner or the HC Registrar brings it before the judiciary.
3. If sufficient grounds of non-smilarity exists, the respondents and/or petitioners may object and pray for non-clubbing of matters on valid grounds.
Keep Smiling .... Hemant Agarwal
Arup (UNEMPLOYED) 30 January 2011
where issues are diffrent, how it can be clubed?
is there anythingh such?
ravi shankar sharma (advocate) 04 July 2011
disqualification of MLA's and imposition of president's rule are entirely two different matters and can only be dealt by the court separately as it seems to me if this happened in any case, it could have been wrongly clubbed by mistake.
this can be unclubbed after informing the court about the same.
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