(1.) THE petitioners, who are advocates practising in the High Court of Madhya pradesh at Jabalpur, have filed this petition under Articles 226 and 227 of the constitution challenging, inter alia the orders of Hon'ble the Chief Justice of the high Court of Madhya Pradesh (hereinafter referred to as 'the Chief Justice'), dated 5-2-1976.
(2.) THIS petition raises an important question of jurisdiction of the High Court at its principal seat vis-a-vis the jurisdiction of the Benches at Indore and Gwalior. The present State of Madhya Pradesh was constituted under Section 9 of the states Reorganization Act, 195,6 (hereinafter referred to as 'the Act') with effect from the appointed day, that is, 1-11-1956, comprising of-
(3.) UNDER Sub-section (1) of Section 49 of the Act, it is declared that : 'the High court exercising jurisdiction in relation to the existing State of Madhya pradesh', that is, the former State of Madhya Pradesh, 'shall as from the appointed day be deemed to be the High Court for the new State of Madhya pradesh', that is, the present State of Madhya Pradesh. under Section 50 of the act, the High Court of Madhya Bharat and the Courts of Judicial Commissioners for Bhopal and Vindhya Pradesh were abolished with effect from 1-11-1956. Under Sub-section (1) of Section 51 of the Act, the President issued an order, dated 30th October 1956, appointing Jabalpur to be the principal seat of the high Court for the new State of Madhya Pradesh vide Annexure 'c'. In exercise of his powers under Sub-section (3) of Section 51 of the Act the Chief Justice issued an order, dated 1st November 1956, whereby it was directed that temporary Benches of the High Court of Madhya Pradesh will sit at Indore and gwalior until further orders vide Annexure 'd'. By another order, dated 29th november 1956, the Chief Justice was pleased to direct that the jurisdictions of the Indore and Gwalior Benches temporarily constituted at those places shall be as they were immediately before the appointed day with slight modifications as indicated therein vide Annexure 'e'.
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