PALANPUR BAR ASSOCIATION Vs. HIGH COURT OF GUJARAT

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution, the Palanpur Bar Association and its President have challenged -

(2.) Banaskantha is one of the 25 Districts in the State of Gujarat. The Headquarters of the District is at Palanpur. Petitioner No.1 - Palanpur Bar Association is an association of Advocates practising in the District Court at Palanpur and Courts subordinate thereto in the 4 Talukas from which the civil and criminal cases go to the District & Sessions Court at Palanpur. Originally, Banaskantha District consisted of 11 revenue Talukas (Tehsils). In the year 1997-98, 5 new Talukas were formed by the State Government and, therefore, just before issuance of the impugned notifications in the year 1999, the total number of Talukas in Banaskantha District was 16. During pendency of the petition, 2 Talukas viz. Radhanpur and Santalpur were excluded from Banaskantha District and included in the newly constituted Patan District. Hence at present Banaskantha District consists of 14 Talukas. From the geographical map of the Banaskantha District (Annexure-D), it appears that the distance between Palanpur and Deesa is 26 kms.. The 4 Talukas are closer to Palanpur and the other 10 Talukas including Deesa Taluka are closer to Deesa. In fact for travelling from all those 10 Talukas to Palanpur one would have to pass Deesa.

(3.) The Bar Association, Deesa passed Resolution dated 11.2.1993 and sent the representation to the High Court to establish the Court of Assistant Judge & Additional Sessions Judge at Deesa. After considering the workload and other aspects, the High Court decided to establish the Court of Joint District Judge and Additional District Judge at Deesa. The District Judge, Banaskantha at Palanpur was asked to arrange a meeting with the President of the Bar Associations of Palanpur, Deesa and other Talukas on 27.9.1999. The President of Bar Associations of various Talukas gave in writing that areas of their respective Courts should be kept within the jurisdiction of the proposed court of Joint District Judge & Additional Sessions Judge at Deesa. The High Court also received memorandum dated 21.9.1999 sent by the President of the Palanpur Bar Association opposing establishment of the proposed Court of Joint District Judge & Additional Sessions Judge at Deesa. The then Acting Chief Justice also gave hearing to the President and members of the Palanpur Bar Association on 29.9.1999. Thereafter the Standing Committee of the High Court decided at its meeting held on 7.10.1999 that Deesa and other specified Talukas be kept within the jurisdiction of the proposed Court of Joint District Judge & Additional Sessions Judge at Deesa. Accordingly by letter dated 22.2.1999 the High Court informed the State Government that on consideration of the representation dated 11.2.1993 received from the President of Deesa Bar Association, the High Court has decided to establish the Court of Joint District Judge & Additional Sessions Judge at Deesa, provided the State Government sanctions necessary post of Joint District Judge with attendant staff for the said Court.