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High Court Of Rajasthan
Judgename : A.P.Sen,M.L.Shrimal
RAM RAKH VYAS - Appellant
Versus
UNION OF INDIA - Respondent
Civil Special Appeal 5 Of 1977
Decided On : 01/28/1977
CONSTITUTIONAL LAW - PRESIDENTIAL ORDER - ESTABLISHMENT OF PERMANENT BENCH OF HIGH COURT - CONSULTATION WITH ACTING CHIEF JUSTICE - VALIDITY - JURISDICTION OF HIGH COURT BENCH - TRANSFER OF CASES - VALIDITY OF ORDERS ISSUED BY ACTING CHIEF JUSTICE - LOCUS STANDI OF APPELLANT - WRIT PETITION - MAINTAINABILITY.
Fact of the Case:
The appellant challenged the validity of the Presidential Order issued under Section 51 (2) of the States Reorganisation Act, 1956, for the establishment of a permanent Bench of the Rajasthan High Court at Jaipur on three grounds: (1) prior consultation with the Chief Justice is a sine qua non to the making of an order under Section 51 (2); (2) the President has no power under Section 51 (2) of the Act to curtail the jurisdiction of the principal seat of the High Court at Jodhpur or to divide the High Court into territorial jurisdictions; and (3) the Act being of a transitory nature to meet certain exigencies arising out of the reorganisation of states on the appointed date i. e. 1-11-1956, the exercise of power by the president of India under Section 51 (2) after a lapse of 21 years is a complete nullity.
Finding of the Court:
The Court held that the Presidential Order was valid and the appellant's contentions were not tenable. The Court further held that the consultation with the Acting Chief Justice was in compliance with the requirements of Section 51 (2) of the Act and, therefore, the Presidential Order was not invalidated thereby. The Court also held that the President had the power under Section 51 (2) of the Act to curtail the jurisdiction of the principal seat of the High Court at Jodhpur or to divide the High Court into territorial jurisdictions. The Court further held that the Act was not of a transitory nature and the exercise of power by the President under Section 51 (2) after a lapse of 21 years was not a complete nullity. The Court also held that the various orders issued by the Hon'ble the Acting Chief Justice were valid and the appellant had no locus standi to maintain the writ petition.
Issues: 1. Whether the Presidential Order issued under Section 51 (2) of the States Reorganisation Act, 1956, for the establishment of a permanent Bench of the Rajasthan High Court at Jaipur was valid? 2. Whether the consultation with the Acting Chief Justice was in compliance with the requirements of Section 51 (2) of the Act? 3. Whether the President had the power under Section 51 (2) of the Act to curtail the jurisdiction of the principal seat of the High Court at Jodhpur or to divide the High Court into territorial jurisdictions? 4. Whether the Act was of a transitory nature and the exercise of power by the President under Section 51 (2) after a lapse of 21 years was a complete nullity? 5. Whether the various orders issued by the Hon'ble the Acting Chief Justice were valid? 6. Whether the appellant had locus standi to maintain the writ petition?
Ratio Decidendi: 1. The consultation with the Acting Chief Justice was in compliance with the requirements of Section 51 (2) of the Act and, therefore, the Presidential Order was not invalidated thereby. 2. The President had the power under Section 51 (2) of the Act to curtail the jurisdiction of the principal seat of the High Court at Jodhpur or to divide the High Court into territorial jurisdictions. 3. The Act was not of a transitory nature and the exercise of power by the President under Section 51 (2) after a lapse of 21 years was not a complete nullity. 4. The various orders issued by the Hon'ble the Acting Chief Justice were valid. 5. The appellant had no locus standi to maintain the writ petition.
Final Decision: The special appeal was dismissed.
SEN, J.
( 1 ) THIS special appeal filed by Shri Ram Rakh Vyas is directed against the judgment of D. P. Gupta J. , dated 19-1-1977 dismissing his writ petition in limine by which he challenged the constitution of a permanent Bench of the rajasthan High Court at Jaipur.
( 2 ) THE Presidential Order issued on 8-12-1976 reads:
"ministry OF LAW, JUSTICE AND company AFFAIRS (Department of Justice) NOTIFICATION new Delhi, the 8th December, 1976, G. S. R. 911 (E ).-- The following order made by the President under Sub-section (2) of Section 51 of the States Reorganisation Act, 1956 (37 of 1956) is hereby published as required by the sub-section:-THE HIGH COURT OF RAJASTHAN (ESTABLISHMENT OF A PERMANENT bench AT JAIPUR) ORDER, 1976. In exercise of the powers conferred by Sub-section (2) of section 51 of the States Reorganisation Act. 1956 (37 of 1956), the President, after consultation with the Governor of Rajasthan and the Chief Justice of the High Court of rajasthan, is pleased to make the following order, namely: 1. Short title and commencement:-- (1) This order may be called the High Court of Rajasthan (Establishment of a Permanent Bench at Jaipur)Order, 1976. (2) It shall come into force on the 31st day of january, 1977. " 2. Establishment of a Permanent Bench of the Rajasthan High Court at Jaipur:-- There shall be established a permanent Bench of the High court of Rajasthan at Jaipur, and such Judges of the High Court of rajasthan, being not less than five in number, as the Chief Justice of that High Court may, from time to time, nominate, shall sit at Jaipur in order to exercise the jurisdiction and power for the time being vested in that High Court in respect of cases arising in the districts of ajmer, Alwar, Bharatpur, Bundi, Jaipur, Jhalawar, Jhunjhun, Kotah, sawai Madhopur, Sikar and Tonk: provided that the Chief Justice of that High Court may, in his discretion, order that any case or class of cases arising in any such district shall be heard at Jodhpur. Sd/- F. A. AHMED president. New Delhi, december 8, 1976.
( 3 ) THE consequential order of Honble the Acting Chief Justice dated 23-12-1976 issued under the High Court of Rajasthan (Establishment of a permanent Bench at Jaipur) Order, 1976 is as follows:-" raj. HIGH COURT, JODHPUR notification no. 1/j. B. Dated Dec. 23, 1976. In pursuance of the High Court of rajasthan (Establishment of a Permanent Bench at Jaipur) Order, 1976, and in exercise of the powers under Sub-ection (2) of Section 44 of the Rajasthan High Court Ordinance, 1949, read with Sections 54 and 57 of the States Reorganisation Act, 1956, the Honble the xxxx Chief Justice has been pleased to order that with effect from the 31st day of January, 1977--
(a) all cases arising in the revenue districts of Banswara, barmer, Bikaner, Bhilwara, Chitorgarh, Churu, Dungar-pur, ganganagar, Jaisalmer, Jalore, Jodhpur, Nagaur, Pali, Sirohi and Udai-pur (except such case or class of cases as may by special order be transferred to the Jaipur Bench) shall be disposed of by the Court at Jodhpur, and (b) all cases arising in the revenue districts of Ajmer, Alwar, bundi, Bharat-pur, Jaipur, Jhalawar, Jhunjhunu, Kotah, sawai Madhopur, Sikar and Tonk (except such case or class of cases as may by special order be transferred to the Court at Jodhpur) shall be disposed of by the Court at Jaipur. Provided that a Vacation Judge, whether sitting at Jodhpur or at Jaipur may hear any case irrespective of the district in which it has arisen for the purpose of deciding any matter which in hie opinion requires immediate action. Explanation.-- A writ case shall be deemed to arise in the district where the first order pertaining to that case was passed by a Court, Tribunal or Authority irrespective of the district in which the appeal or revision from that order is heard and irrespective also of the fact whether or not there has been any modification or reversal of the order in appeal or revision. Sd/-Ved Pal Tyagi chief JUSTICE 23-12
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