Shimla: The Himachal Pradesh High Court today dismissed a petition that sought to implead by name chief minister Virbhadra Singh, the Director General Police, SP and DC of Kangra as party to the HP Cricket Association case for alleged malafide actions after the judges concluded that the prayer had been rendered infructuous.
HPCA petition had sought to implead the chief minister and other statutory authorities as party to the case following a cabinet decision to cancel a lease agreement for Dharamshala cricket stadium, the government without even serving a notice had on orders passed on 26th October, 2013 forcefully taken over possession of the property in a night operation.
However later, at the courts intervention, the cabinet had reversed its decision, withdrawn orders on 18/19 November and handed back possession of the contentious ground to HPCA.
After going through the timeline of the events in the case, the judges noted, “Admittedly, the petitioners have sought writ of certiorari quashing orders/letters/communications dated 26 October, 2013 made by respondents (who are also the statutory authorities), which stands withdrawn and has lost life in its entirely. Thus, virtually, the writ petition so far it related to the said prayer has become infructuous.”
The petitioner have tried to plead a case of malafide against the state particularly on the grounds that the impugned order/letters/communications or follow up orders dated 26 October, 2013 are outcome of political rivalry and based on malafides, the court observed.
Dismissing the petition, the division bench of Acting Chief Justice Mansoor Ahmad Mir and Justice Kuldip Singh observed that it was a “moot question whether the orders made by the (state) cabinet and follow up actions made by state authorities / functionaries and the order made by respondent No 2 (chief minister) who is a statutory authority are malafide one, we deem it proper to refrain ourselves to discuss and to return findings for the reason that the impugned order/letters/communications of which quashment is sought, on the grounds of malafides or political rivalry, stands withdrawn and is not in force.”
Denying petitioner HPCA the liberty to amend the case application by including the chief minister and others by name as party to the case, the court however, allowed other changes that had been prayed for on the grounds that “procedural wrangles, tangles , technicalities and niceties cannot come in the way of curing defects which are curable more so to advance the cause of justice.”