Impleadment plea against CM rejectedImpleadment plea against CM rejected

  • HT Correspondent, Hindustan Times, SHIMLA
  • Updated: Jun 04, 2014 19:56 IST

The Himachal high court on Wednesday dismissed the application of Himachal Pradesh Cricket Association (HPCA) for impleading chief minister Virbhadra Singh as respondent to the writ petition. The HPCA and Anurag Thakur had challenged the cancellation of lease granted to the HPCA.

The division bench comprising acting chief justice Mansoor Ahmad Mir and justice Tarlok Singh Chauhan observed that no malafide or bias was found against CM Virbhadra Singh.

The court added that in order to array any person there are grounds to presume that he acted with malafide intention, but the applicant in this case has failed to prove this. The HC rejected the application for the impleadment of Virbhadra Singh, DC Kangra and SP Kangra.

It may be mentioned here that the petitioner had alleged that the entire action was initiated against the petitioners on the directions of Vibhadra Singh, and, therefore, he should be a party in this case.

The petitioner had filed application to implead chief minister Virbhadra Singh, DC Kangra, SP Kangra, and registrar cooperative society as respondents in their personal capacity.

The state government, however, contended that the petitioner failed to place on record any cogent material to prove a malafide intention against the persons sought to be added as respondents in their personal capacity.

The government added that it had already withdrawn its decision dated October 26, 2013 to cancel lease in favour of HPCA and take control of property on November 18, and therefore, most of the prayers made in the writ petition have become infructuous.

It was further added that the registrar cooperative society was proceeding under the cooperative societies act. It may be mentioned here that in its earlier order the court had restrained the registrar (cooperative societies) to pass any final orders on the matter without leave of the
high court.

The state government submitted before the court that after receiving reply from the members of the governing body of HPCA, nothing more is required to be done as proceedings are complete and the matter is only required to be pursued to its logical conclusion.

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