P L LAKHANPAL Vs. APT NATH RAY

JUDGEMENT

(1.) This petition is for grant of certificates of fitness under Articles 132 and 133 of the Constitution of India against the judgment dated February 15, 1974 of a Special Bench of this Court.

(2.) The writ petition filed by the petitioner was heard by the Special Bench alongwith three similar writ petitions challenging the appointment on April 25, 1973 with effect from April 26, 1973 of Justice A. N. Ray, one of the respondents herein, then a Judge of the Supreme Court of India, as the Chief Justice of India. Counter affidavits were filed on behalf of some of the respondents which raised certain preliminary objections to the maintainability of the writ petition. Merits of the contentions were not examined and the writ petition was dismissed because we upheld three of the preliminary objections whereupon our conclusions were expressed thus:

(3.) On the first question this Court found support from the decisior of the Madras High Court in A. Ramachandran v. A. Alagiriswami : A.I.R. 1961 Madras 450(1). We also examined Queen v. Ward: 1873 Law Reports 8 Queen's Bench 210(2) and re: Banwari Lal Royy and others: (1943-44) 48 Calcutta Weekly Notes 766(3) which, in the opinion of this Bench did not support the petitioner.