A Division Bench of the Allahabad High Court comprising of Chief Justice Govind Mathur and Justice Mrs. Saroj Yadav has dismissed a petition filed by one Ashok Pandey against the delegation of the Power of Chief Justice to senior Judges in his absence.
Background of the Case
The present Public Interest Litigation was preferred by the Petitioner Ashok Pandey to have an appropriate writ, order, or direction for not giving effect to provisions contained in Chapter V Rule 9 of the Allahabad High Court Rules, 1952.
Chapter V Rule 9 of the Allahabad High Court Rules, 1952 prescribes the appointment of Senior Judges at Allahabad and Lucknow to exercise jurisdiction at their respective places in connection with the arrangement of Benches, the listing of cases, and other matters. Further, the petitioner demanded an amendment in the Rules in conformity with the law laid down by the Supreme Court in the case of Ashok Pande Versus Supreme Court of India (Writ Petition (Civil) No. 147 of 2018).
Submissions of Petitioner
The Counsel on behalf of the Petitioner submitted before the Court that in our constitutional scheme and also in light of the law pronounced by Supreme Court in several cases, Chief Justice of a High Court is Master of Roster and no other Judge may be allowed to interfere in the dispensation of this privileged function.
Reasoning and Decision of the Court
The court has observed that,
“We do not find any merit in the petition for writ which on its face appears to be fundamentally misconceived.”
The Court expressed that the object of the Rule is to make the High Court functional by delegating certain authorities of the Chief Justice to Senior Judge in his absence. The court stated that it would also be appropriate to state that the High Court under Article 226 of the Constitution of India is not supposed to legislate the Rules and is also not supposed to direct the Law Framing Authority to legislate or amend the law being a function assigned to Legislature/Law Framing Authority.
Case details
Case: - P.I.L. Civil No. - 3343 of 2021
Petitioner:- Ashok Pandey (Petitioner-In-Person)
Respondent:- Allahabad High Court, Prayagraj Thru Registrar General & Another
Counsel for Petitioner:- Ashok Pande
Counsel for Respondent:- Gaurav Mehrotra, A.S.G.
Quorum: Chief Justice Govind Mathur and Justice Mrs. Saroj Yadav
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