Unregistered association whether can maintain writ petition.

S. MOHAN (C J)

The question that arises for our determination is, whether an unregistered association can maintain a writ petition under Art.226 of the Constitution of India.

2. Learned counsel for the appellant wants to strongly rely upon the ruling of the Supreme Court in A.B.S.K. Sangh (Rly.) v. Union of India, 1981 AIR(SC) 298, 1981 (2) SCR 185, 1981 (1) SCC 246, 1980 LIC 1325, 1981 (1) LLJ 209, 1981 (1) LLN 27, 1980 SLJ 734, 1980 (3) SLR 645, 1981 SCC(L&S) 50, 1981 SCC(L&S) 50, 1981 SCC(L&S) 50, 1981 SCC(L&S) 50, 1981 SCC(L&S) 50, 1981 SCC(L&S) 50, 1981 SCC(L&S) 50, 1981 SCC(L&S) 50 and particularly the observations in paragraph 63 at page 317.

3. As against this, learned Government pleader would rely upon a judgment of a Division Bench reported in Writ Appl. Nos. 49 to 52 and 58 to 60 of 1983, relied on in North Arcot District Pawn Brokers' Association v. Secy. to Govt. of India, (1975) 1 Mad LJ 290. Further reliance is placed on Umesh Chand v. Krishi Utpadan Mandi Samiti, 1984 AIR(All) 46 (FB).

4. Having regard to the recent trend of the case law enabling even a body of persons to agitate a common cause under writ jurisdiction, we are of the view that the Writ Appeal Nos. 49 to 52 and 58 to 60 of 1983, of this Court referred to and cited in North' Arcot District Pawn Brokers' Association v. Secy. to Govt. of India, (1975) 1 Mad LJ 290 requires reconsideration.

5. Having regard to the importance of the question and inasmuch as this question is likely to occur often in view of the recent trend of the law, we are of opinion that it is desirable to have the same adjudicated by a Full Bench of this Court.

6. Accordingly the papers will be placed before My Lord, the Chief Justice, for appropriate orders.

Decision of Full Bench

7. VENKATASWAMI, J. :- The question that has been referred to a Full Bench by a Division Bench to which one of us (Mohan, J. as he then was) is as follows : -

"Whether an unregistered association can maintain a writ petition under Art. 226 of the Constitution of India." *

After going through the papers and on hearing the counsel, we are of the view that in view of R. 2-B of the Rules framed by virtue of Art.225 of the Constitution, to regulate proceedings under Art. 226 of the Constitution, this question pales into insignificance, as any body of persons who wish to jointly agitate a matter or espouse a common cause can invoke the benefit of the said rule. Accordingly, we hold that an unregistered Association cannot maintain the writ petition.

Answer accordingly.