JUDGMENT :

ANIL KSHETARPAL, J.

1. In the considered opinion of this Court, the questions which needs adjudication are

A. “If it is found in the subsequent proceedings filed under Article 226 of Constitution of India that the order of the Tribunal has been obtained by playing fraud/deceit, then, whether the Constitutional Court is required to declare such order as non-executable or not"?

B. Whether concealment/omission to disclose irrelevant facts must lead to the dismissal of a meritorious petition filed under Article 226 of the Constitution?

1. It has already been held by the Hon'ble Supreme Court in Ram Preeti Yadav vs. U.P. Board of High School and Intermediate Education and others (2003) 8 SCC 311 that 'fraud' and 'justice' can never dwell together. In S.P Chengalvaraya Naidu vs Jagannath, (1994) 1 SCC 1, the court went on to lay down that the judgment and decree passed on the basis of fraud is a nullity and non est in the eyes of law. In Union of India and others vs. Ramesh Gandhi, (2012) 1 SCC 476, it was held that even a court of subordinate jurisdiction is permitted to enter into the question as to whether the judgment of a superior Court was obtained by playing fraud on the l