KRISHAN GOPAL versus SHRI PRAKASH CHANDRA & ORS.

KRISHAN GOPAL versus SHRI PRAKASH CHANDRA & ORS.

A person sitting and acting as a judge of a High Court under Article 224A of the Constitution is deemed to be a judge of that High Court for purposes relating to jurisdiction, powers, and privileges, including trying election petitions under section 80A of the Representation of the People Act, 1951. The Chief Justice is empowered to reallocate an election petition to another judge if appropriate, especially where the initial judge requests such relief.

Parties
Appellant: Krishan Gopal; Respondent No. 1: Shri Prakash Chandra; Respondent No. 4: Sobhagmal Jain; Respondent No. 8: I. N. Shroff; Respondent No. 9: Union of India
Jurisdiction
India
Judgment Date
08 November 1973
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of the Madhya Pradesh High Court Bench at Indore in Miscellaneous Petition No. 206 of 1973
Outcome
Appeal allowed
Legal Topics
Interpretation of Article 224 a of the Constitution of India, Jurisdiction of Ad Hoc Judges Under Article 224 a, Assignment of Election Petitions Under the Representation of the People Act, 1951
Constitutional Law Election Law Interpretation of Article 224 a of the Constitution of India Jurisdiction of Ad Hoc Judges Under Article 224 a Assignment of Election Petitions Under the Representation of the People Act, 1951

Case Brief

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Parties

Krishan Gopal

Appellant

Shri Prakash Chandra

Respondent No. 1

Sobhagmal Jain

Respondent No. 4

I. N. Shroff

Respondent No. 8

Union of India

Respondent No. 9

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of the Madhya Pradesh High Court Bench at Indore in Miscellaneous Petition No. 206 of 1973

Legal Issues

  1. 1 Whether a person sitting and acting as a judge of the High Court under Article 224A of the Constitution is a 'judge' for the purpose of exercising jurisdiction under section 80A of the Representation of the People Act, 1951.
  2. 2 Whether the Chief Justice of the High Court, after assigning an election petition to one judge, can reallocate it to another judge, specifically an ad hoc judge appointed under Article 224A.

Ratio Decidendi

A person sitting and acting as a judge of a High Court under Article 224A of the Constitution is deemed to be a judge of that High Court for purposes relating to jurisdiction, powers, and privileges, including trying election petitions under section 80A of the Representation of the People Act, 1951. The Chief Justice is empowered to reallocate an election petition to another judge if appropriate, especially where the initial judge requests such relief.

Court Disposition

Appeal allowed

Orders

  • Set aside the order dated August 10, 1973 assigning the appellant’s petition to the ad hoc judge.
  • Directed that the election petition be heard by a permanent judge assigned by the Chief Justice of the High Court.