Elisha Vaswani
The Allahabad High Court has dismissed the Plea that sought to delegate powers vested in the Chief Justice’s to Senior most Judges, in the event of the former’s absence.
Division Bench comprising of Justice Saroj Yadav and Chief Justice Govind Mathur described the petition as, “fundamentally misconceived”
Ashok Pandey, the man responsible for the present PIL, seeks directions which would be in contrast with the provisions laid down in Chapter V Rule 9 of the Allahabad High Court Rules, 1952.
The aforementioned provision provides for the manner of appointment of Senior Judges at Allahabad and Lucknow and other matters concerning the same.
Pandey’s stance in the present petition was not given any credence by the Bench.
The Bench conclusively observed, “We do not find any merit in the petition for writ which on its face appears to be fundamentally misconceived.”
Another relevant observation being, the High Court acting within the scope of Article 226 of the Constitution is not empowered to legislate Rules and neither can it direct the Legislative Authority to amend the same.
Case in question: Ashok Pandey v. Allahabad High Court & Anr.
