BALKISHANDAS Vs. HAR NARAYAN

JUDGEMENT

(1.) The question referred to us for decision in the following viz.,--

(2.) The identical orders dated 5-2-1976 were passed by Shiv Dayal, C. J. which read as under:-

(3.) The validity of the above-quoted order dated 5-2-1976 passed by the Chief Justice was unsuccessfully challenged in a writ petition in this Court. A Full Bench of five Judges in Abdul Taiyab v. Union of India, 1976 MPLJ 767: AIR 1977 Madh Pra 116 upheld the validity of the President's Notification issued under Section 51 (2) of the States Reorganization Act as well as the Chief Justice's order made under the proviso to the President's Notification. The view of the majority is contained in the opinion of Oza J. with whom Vyas and Sharma JJ. entirely agreed. In Abdul Taiyab's case, the historical background relating to the constitution of two permanent Benches at Indore and Gwalior in 1968 and the relevant stages till the making of the Chief Justice's order dated 5-2-1976 have been given at length. It is, therefore, not necessary for us to reiterate the same. However, a brief resume thereof has to be given only to facilitate appreciation of the present controversy.