Suresh Jaiswal vs State Of U.P. & Another
2015 Latest Caselaw 2753 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 53941 of 2015
 

 
Petitioner :- Suresh Jaiswal
 
Respondent :- State Of U.P. & Another
 
Counsel for Petitioner :- S.K. Singh Paliwal,Shashi Nandan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Arun Tandon,J.

Hon'ble Ashwani Kumar Mishra,J.

In view of order dated 24.9.2015 passed by the Division Bench of this Court in the case in Public Interest Litigation No. 54008 of 2015, Rishipal Singh and another Vs. State of U.P. and another, Sri Kamal Singh, learned Additional Advocate General submits that the writ petitions, which are being heard by this Court, are liable to be dismissed in view of the constitutional bar contained in Article 243-O of the Constitution.

Sri Shashi Nandan, learned counsel for the petitioner has submitted that constitutional remedies as are provided under Article 226 of the Constitution of India is a basic feature of the Constitution which cannot be taken away. It is contended that the High Court under Article 226 of the Constitution of India can examine the legality of statutory provisions in case they are in violation of the constitutional provisions, including the provision contained under Article 14 of the Constitution of India. It is submitted that the Hon'ble Supreme Court has already held that even laws put under the 9th Schedule are amenable to exercise of writ jurisdiction. The provisions of the Uttar Pradesh Zila Panchayat Kshetra Panchayat Adhiniyam, 1961 therein cannot be elevated to any higher position than an Act put in the 9th Schedule.

In our opinion, the matter does need examination.  Therefore, the matter may come up tomorrow i.e. 29.9.2015 for determination of the question raised above. 

The personal appearance of the District Panchayati Raj Officer, Azamgarh is exempted.  The relevant records may be produced before this Court as and when direction is so issued.

Order Date :- 28.9.2015

Ashish Pd.