SATYA RANJAN MAJHI AND ANR. versus STATE OF ORISSA AND ORS.

SATYA RANJAN MAJHI AND ANR. versus STATE OF ORISSA AND ORS.

Constitutional validity of the Act upheld; the Orissa Freedom of Religion Act, 1967 is valid, as previously determined by Supreme Court. Question concerning vires of sub-rule (3) of Rule 5 was not specifically raised before High Court and cannot be raised for the first time before Supreme Court; merely providing for...

Source-derived case information.

Parties
Petitioner: Satyaranjan Majhi and Anr.; Respondent: State of Orissa and Ors.
Jurisdiction
India
Judgment Date
25 August 2003
Procedural Posture
Special Leave Petition (civil) / Disposition of SLP
Outcome
Petition dismissed
Legal Topics
Freedom of Religion, Ultra Vires, Rule Making Power, Fresh Plea
Constitutional Law Administrative Law Freedom of Religion Ultra Vires Rule Making Power Fresh Plea

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Parties

Satyaranjan Majhi and Anr.

Petitioner

State of Orissa and Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Disposition of SLP

Legal Issues

  1. 1 Constitutional validity of Orissa Freedom of Religion Act, 1967 and Orissa Freedom of Religion Rules, 1989
  2. 2 Ultra vires status of sub-rule (3) of Rule 5
  3. 3 Admissibility of fresh plea before Supreme Court

Ratio Decidendi

Constitutional validity of the Act upheld; the Orissa Freedom of Religion Act, 1967 is valid, as previously determined by Supreme Court. Question concerning vires of sub-rule (3) of Rule 5 was not specifically raised before High Court and cannot be raised for the first time before Supreme Court; merely providing for an inquiry under Rule 5 does not ipso facto render the rule invalid.

Court Disposition

Petition dismissed

Orders

  • Delay condoned
  • Special Leave Petition dismissed