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CLCON/258/2023
2023 Latest Caselaw 2857 UK

Citation : 2023 Latest Caselaw 2857 UK
Judgement Date : 25 September, 2023

Uttarakhand High Court
CLCON/258/2023 on 25 September, 2023
CLCON No.258 of 2023
Hon'ble Ravindra Maithani, J.

Mr. Sanjiv Chaturvedi, the petitioner in-person.

Supplementary affidavit is taken on record. Misc. Application (IA) No.1 of 2023 stands disposed of accordingly.

Heard the petitioner in-person. Instant petition was taken up on 06.09.2023, when learned counsel for the petitioner sought time to file some documents. They have been put on record.

Today, the petitioner in-person addressed the Court.

The Court wanted to know, as to whether the petitioner has been permitted to argue his own case in view of The High Court of Uttarakhand Party-in-Person Rules, 2020 ("the 2020 Rules")?

The petitioner in-person would submit that he has been permitted to argue earlier in WPSB No.407 of 2020, Sanjiv Chaturvedi vs. Union of India and others ("the petition") by the Division Bench of this Court. He would refer to paras 27 and 28 of the judgment dated 27.09.2021 of the petition. A copy of the order dated 27.09.2021, passed in the petition has been rendered for perusal of the Court.

In fact, in the petition also, the Court had posed a question that since the petitioner has already appointed an Advocate on his behalf, on what basis he seeks to argue as a party-in-person? This is so noted in para 2 of the order dated 27.09.2021 passed in the petition. In para 3, the petitioner in that case has replied as follows:-

"Mr. Sanjiv Chaturvedi insisted that he would like to argue this Writ Petition as party-in-person. He further pleaded that the High Court of Uttarakhand Party-in-Person Rules, 2020 (in short "the Rules") are inapplicable in the present case, as the Rules came into force on 26.12.2020, and the Writ Petition was filed on 12.12.2020."

Today, the petitioner would submit that post enforcement of the 2020 Rules, the petitioner has been permitted to argue in-person. That order was passed in view of the fact that the petitioner had argued that he had filed the petition prior to enforcement of the 2020 Rules. Instant petition has not been so filed. It has been filed post enforcement of the 2020 Rules.

Let Registry report, as to whether the petitioner-in-person has been granted permission in view of the 2020 Rules?

List on 26.09.2023.

(Ravindra Maithani, J.) 25.09.2023 Sanjay

 
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