Necessary parties in certiorari proceedings must be impleaded when an adverse order would affect their rights.

In a writ of certiorari under Article 226, the authority whose order is challenged must be before the Court because effective quashing requires control over the impugned record. The persons in whose favour the order was made are also necessary parties, as an adverse order cannot be passed behind their back when their rights would be directly affected. A necessary party is one without whom no effective order can be made, and a certiorari petition is incompetent if such directly affected successful parties are not impleaded.

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Issues: Whether, in a writ petition seeking certiorari under Article 226, the tribunal or authority whose order is challenged and the persons in whose favour the order was made are necessary parties, and whether omission to implead such successful parties renders the petition incompetent.

Analysis: A necessary party is one without whom no effective order can be made, while a proper party is one whose presence enables a complete and final adjudication. In certiorari, the High Court seeks to quash an order made by an inferior tribunal or authority exercising judicial or quasi-judicial power, and the tribunal or authority must be before the Court so that the record can be transmitted and the order can be effectively controlled. Equally, where the impugned order has conferred rights on a party who succeeded before the tribunal, an adverse order cannot be made behind that party's back. Such a person is directly affected and is therefore a necessary party, since the Court cannot effectively vacate the order without affecting that person's rights.

Conclusion: In a writ of certiorari, both the authority whose order is challenged and the persons in whose favour the order was made are necessary parties; failure to implead the successful parties makes the writ petition incompetent.

Ratio Decidendi: A certiorari petition under Article 226 is incompetent unless all persons directly and adversely affected by the impugned order are impleaded, because no effective order quashing such an order can be made in their absence.

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