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Order XLIII - Reference made by the President under Article 317(1) of the Constitution or any statute : Supreme Court Rules 2013

 

 

How to deal with Reference made by the President under Article 317(1) of the Constitution or any statute or Governor under any Statute? Order XLIII of Supreme Court Rules 2013

Order XLIII of Supreme Court Rules 2013 : "Reference made by the President under Article 317(1) of the Constitution or any statute or Governor under any Statute"

1. On receipt by the Registrar of reference from the President under article 317(1) of the Constitution or any Statute or from Governor under any statute, referring to the Court, grounds for inquiry, it shall be registered in the Register maintained for the purpose and numbered as "Reference No of 20 under [Article 317(1) of the Constitution/Section and Name of the Act under which the reference is made].

2. As soon as the reference is registered and numbered, the Registrar shall give notice to the person sought to be removed from the concerned office and to the Attorney-General for India, or the Advocate-General of the particular State or to such person as the statute under which the reference is made so provides, to appear before the Court on a day specified in the notice to take the directions of the Court in the matter of the inquiry. A copy of the charges preferred against him along with the documents relied upon, shall be furnished to the respondent along with the notice.

3. The Court may devise its own procedure for hearing of the reference.

 

4. The Court may summon such witnesses as it considers necessary.

5. After the hearing of the reference the Registrar shall transmit to the President or the Governor, as the case may be, the Report of the Court.

6. No Court fees or process fees shall be payable in connection with any reference dealt with by the Court under this Order.

 

SUPREME COURT RULES 2013

Order XLI - Application for Transfer Under Article 139A(2) of constitution and section 25 of Code of Civil Procedure 1908

Order XLII - Special Reference under Article 143 of the Constitution

Order XLIII - Reference made by the President under Article 317(1) of the Constitution or any statute

Order XLIV - Reference made by the central Government / Statutory Tribunal under statutes

Order XLV - Reference under section 257 of the Income Tax Act 1961

 

 

(E) ELECTION PETITIONS

Order XLVI - Election Petitions under Part III of the Presidential and Vice-Presidential Elections Act, 1952 (31 of 1952)

Order XLVII - Review

Order XLVIII - Curative Petition

PART-V

Order XLIX - Costs

Order L - Taxation

 

 

Order LI - Notice of Proceedings to the Attorney General for India or Advocate General of States

Order LII - Forms to be used

Order LIII - Service of documents

Order LIV - Commissions

Order LV - Power to dispense and inherent powers

 

 

Order LVI - Destruction of Records

Rules to regulate proceedings for contempt of the Supreme Court, 1975

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