The Allahabad High Court has dismissed a petition against delegating the power of Chief Justice (Master of Roster) to Senior Judges in his absence.
A Division Bench comprising of Chief Justice Govind Mathur and Justice Saroj Yadav said that the petition, on the face appears to be "fundamentally misconceived".
The PIL, filed by one Ashok Pandey, sought directions for not giving effect to provisions contained in Chapter V Rule 9 of the Allahabad High Court Rules, 1952.
The said provision prescribes for appointment of Senior Judges at Allahabad and Lucknow to exercise jurisdiction at their respective places in connection with arrangement of Benches, listing of cases and like other matters.
The argument advanced by the Petitioner was that in our constitutional scheme and also in light of the law pronounced by Supreme Court in several cases, Chief Justice of a High Court is Master of Roster and no other Judge may be allowed to interfere in dispensation of this privileged function.
"We do not find any merit in the petition for writ which on its face appears to be fundamentally misconceived," the Bench observed at the outset.
It observed that the object of the Rule is to make the High Court functional by delegating certain authorities of the Chief Justice to Senior Judge in his absence.
It further observed that the High Court, under Article 226 of the Constitution of India, is not supposed to legislate the Rules and is also not supposed to direct the Law Framing Authority to legislate or amend the law being a function assigned to Legislature/Law Framing Authority.
Case Title: Ashok Pandey v. Allahabad High Court & Anr.