Power of Attorney Holder can file Writ Petition: Allahabad HC (FB) issues guidelines [Read Judgment]
There is no prohibition on an application seeking a writ under Article 226 or Article 227 of the Constitution being pursued by a litigant through the holder of a power of attorney, the Bench said.
Full Bench of Allahabad High Court, in Syed Wasif Husain Rizvi vs. Hasan Raza Khan has held that Writ Petition under Article 226 of the Constitution can be filed by a power of attorney holder. The Court also said that certain safeguards shall be observed where a writ petition is filed through the holder of a power of attorney.
Writ petition can be filed by PoA holder
The Full Bench, while answering the reference to it by a Single Bench in affirmative, said that it could not agree with the rulings of Division Bench of the High Court in Dr Prabhu Nath Prasad Gupta Vs State of U P, 2003 (52) ALR 520, Rustam Khusro Shapoor Ji Gandhi Vs State of U P, 2010 (80) ALR 25 and Gurmeet Kaur Kwatra Vs Vice Chairman, Varanasi Development Authority, Varanasi. The Court said that there is no prohibition on an application seeking a writ under Article 226 or Article 227 of the Constitution being pursued by a litigant through the holder of a power of attorney.
The Court also observed that when a writ petition under Article 226 of the Constitution is instituted through a power of attorney holder, the holder of the power of attorney does espouse a right or claim personal to him but acts as an agent of the donor of the instrument. The petition which is instituted, is always instituted in the name of the principal who is the donor of the power of attorney and through whom the donee acts as his agent. In other words, the petition which is instituted under Article 226 of the Constitution is not by the power of attorney holder independently for himself but as an agent acting for and on behalf of the principal in whose name the writ proceedings are instituted before the Court, the Bench said.
The Court also said that following safeguards should be observed when a Writ petition is filed through the Power of Attorney Holder
- The power of attorney by which the donor authorises the donee, must be brought on the record and must be filed together with the petition/application;
- The affidavit which is executed by the holder of a power of attorney must contain a statement that the donor is alive and specify the reasons for the inability of the donor to remain present before the Court to swear the affidavit;
The donee must be confined to those acts which he is authorised by the power of attorney to discharge.
Read the Judgment here.