VINAY KUMAR SINGH Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard Mr. Madan Mohan Prasad for the petitioner, and Mr. Mohit Kumar Shah, JC to Mr. Mihir Kumar Jha for the respondents. Learned Counsel for the respondents has taken a preliminary objection that in view of the laws governing the issue, a writ petition under Article 226 of the Constitution of India and can be filed in the Patna High Court only in English. The present writ petition is in Hindi and cannot, therefore, be entertained. Learned Counsel for the petitioner has contested this proposition and submits that a writ petition under Articles 226 and/or 227 in Hindi is maintainable in this Court.

(2.) Rule 1, Chapter III, Part II of the Patna High Court Rules lays down that "Every application to the High Court shall be by a petition written in the English language." Articles 348(1) and (2) of the Constitution is relevant in the present context which reads as follows:

(3.) The Constitution of India is the paramount law of the country and all provisions of law enforced by Acts of the Parliament or the Legislature or under the rule-making power must conform to the provisions of the Constitution of India. It is manifest from the provisions of Article 348(1) of the Constitution that normally English language shall be the official language for proceedings in the Supreme Court and the High Courts in India. However, Article 348(2) provides that the Governor of the concerned State may, with the previous consent of the President, authorise the use of Hindi or any other language of the concerned State for proceedings in the concerned High Court which has to be read with the provisions of Sec. 7 of the Act. In exercise of the powers so conferred, the Governor of Bihar has issued the notification in terms of Article 348(2) of the Constitution read with Sec. 7 of the Act, It is manifest from the terms of the notification that Hindi will be the alternative (Vaikalpik) language for presenting petitions, applications and affidavits and also for the proceedings in the Patna High Court, except petitions under Articles 226 and 227 of the Constitution of India. It further provides that the annexures thereto need not necessarily be in English. It also provides that petitions with respect to tax references shall also have to be in English. It also provides that the High Court may, in appropriate cases, give direction for translation of the annexures in Hindi.