V.S.DESHPANDE, HARDAYAL HARDY
RADHEY SHAM – Appellant
Versus
LIEUTENANT GOVERNOR – Respondent
( 1 ) THIS is an application for a certificate under Article 133 (1) (c) of the Constitution that the dismissal of the petitioner s Civil Writ Petition No. 550 of 1969 by a Division Bench of this Court is a case fit for appeal to the Supreme Court. By the said writ petition, the petitioner challenged the order dated 27th June 1969 which the Lieutenant Governor of Delhi purported to make under section 487 of the Delhi Municipal Corporation Act, 1957, on the ground that on the face of it the order was ultra vires section 487 and also invalid for other reasons. The learned Judges of the Division Bench however considered only the question whether the petitioner had a locus standi to challenge the impugned order and held as a preliminary question of law that the petitioner was an utter stranger who had no locus standi to file the petition. The order dismissing the petition raises two important questions of constitntioual law, namely :-
(1) Whether a person in the position of the petitioner is entitled to tile a petition under Article 226 of the Constitution to challenge the vires and legality of an order made by a public authority on the ground that the order is on th
REFERRED TO : Election Commission, India v. Saka Venkata Subha Rao
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