A Division Bench of High Court of Kerala, has remitted back a writ petition challenging collegium system of appointment of Judges to be considered afresh by the single bench . The single bench has been directed to consider the writ petition on the issue of maintainability .
The registry of the court had earlier raised queries on the maintainability of the writ petition. Upon answering the queries, by the petitioner the matter was posted as an unnumbered writ petition before single bench. The single bench however dismissed the writ petition, declining the reliefs sought for, holding the writ petition as unnumbered. The appellant thereupon approached the division bench. You may read the Live Law story in this regard here.
Allowing the writ appeal and setting aside the order of the Single Judge, the division bench comprising of Justices C.K.Abdhul Rehim and B.Sudheendra Kumar held that the single judge primarily ought to have considered the writ petition on the question of maintainability rather than dismissing it as unnumbered. The division bench opined:-“We are of the considered opinion that the learned judge ought to have considered the question of maintainability of the writ petition and ought to have taken an appropriate decision on that question. What was referred for decision of the single judge is the issue of entertaining the writ petition by the Registry. By rejecting the relief sought for, solely on the ground that the writ petition was not numbered, will definitely put the petitioner to a situation wherein he will be deprived of seeking remedy before any higher forum. Hence, the impugned order cannot be sustained.”
Read the order here.