VIJAY MAHADEO JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the constitutional validity of the provisions of Maharashtra High Court (Disposal of Writ Petitions by Division Benches and Abolition of Letters Patent) Act 1986 on various grounds mentioned in the petition.

(2.) THIS enactment was earlier the subject matter of challenge before the Supreme Court of India and by a judgment in the case of Jamshed N. Guzdar Vs. State of Maharashtra, the Supreme Court has upheld the validity of this legislation along with the connected legislation passed by the State of Maharashtra in the year 1987. There is therefore a judgment of the Supreme Court of India pronouncing both these enactments as constitutionally valid. The question whether after such pronouncement by the Supreme Court of India, can the petition though of different challenges be entertained challenging all over again the validity of such enactment. However, we at present need not go into this debate as we are only at the admission stage and certain interim orders are solicited. Certain facts necessary for the interim order that we are making are required to be noted in extenso.

(3.) SIMILAR situation arose in Writ Petition No.3134 of 2002 which according to the distribution of business made under Rule 18 in Chapter 17 of the Appellate Side Rules was liable to be taken up by learned Single Bench of this Court. The petition is pending since 2002. Civil Application No 282 of 2005 was moved in that writ petition seeking certain interim relief. When the matter was taken up by the learned Single Bench, he opined by his opinion dated 9-2-2005 that it will not be possible to take up the work of the Single Bench in view of the fact that the Supreme Court has held provisions of the 1986 Act as valid, and the papers were therefore directed by the learned Judge to be put up before My Lord the Chief Justice. As per the directions issued by the Chief Justice, papers were placed before us for appropriate orders in that Civil Application also. The difficulties existed for entertaining that Civil Application also.