MADHUSUDAN PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner is an Advocate practising in this Court and challenges the constitutional validity of the Orissa Lokpal and Lokayuktas (Repeal) Act. 1992 (Orissa Act 33 of 1992) (hereinafter referred to as the 'Repealing Act') on the ground that the assent of the President not having been received, the same is hit by Art. 254(2) of the Constitution of India and consequently is ultra vires the Constitution.

(2.) THOUGH in the writ application several allegations of mala fides have been made, but at the hearing of the writ petition, those contentions had not been advanced and only the alleged constitutional infirmity, as stated earlier was presssed into service. Mr. Panda, the petitioner, vehemently argued that the Orissa. Lokpal and Lokayuktas Act, 1970 (Orissa Act 1 of 1971) (hereinafter referred to as the 'Repealed Act') having received the assent of the President under Art. 254(2) of the Constitution/The Repealing Act, the validity of which is being challenged, also required the assent of the President and the same not having been obtained, the Repealing Act is ultra vires.

(3.) I agree.