M.S.KAZI vs MUSLIM EDUCATION SOCIETY .

The Supreme Court held that a Special Civil Application under Articles 226 and 227 of the Constitution is not maintainable if the tribunal whose order is being challenged is not impleaded as a party. The Court affirmed the High Court's reliance on the precedent set in Gujarat State Road Transport Corporation Vs. Firoze M. Mogal, establishing that such non-joinder is a fatal defect. Consequently, the appeal was dismissed, upholding the lower court's decision regarding the maintainability of the application.