ORDER of Reference to Full Bench by Mohan and Sathiadev, JJ. dated 27-3-1984
Mohan, J. 1. The question that arises for our determination is, whether an unregistered association can maintain a writ petition under Art. 226 of the Constitution of Tndia?
2. Learned counsel for the appellant wants to strongly rely upon the ruling of the Supreme Court in A.B.S.K Sangh (Rly) v. Union of India and particularly the observa tions in paragraph 63 at page 317.
3. As against this, learned Governmen Pleader would rely upon a judgment of a Division Bench reported in Writ Appeal Nos. 49 to 52 and 58 to 60 of 1983, relied on in North Arcot District Pawn Broker's Association v. Secretary to Government of India 1975-I-M.L.J 290. Further reliance is placed on Umesh Chand v. Krishi Utpadam Mandi Samithi A.I.R 1984 AII 46 F.B
4. Having regard to the recent trend of the case law enabling even a body of persons to agitate a common cause under writ jurisdiction, we are of the view that the writ appeal Nos. 49 to 52 and 58 to 60 of 1983, of this Court referred to and cited in North Arcot District Pawn Brokers' Association v. Secretary to Government of India requires reconsideration.
5. Having regard to the importance of the question and in as much as this question is likely to occur often in view of the recent trend of the law, we are of opinion that it is desirable to have the same adjudicated by a Full Bench of this Court.
6. Accordingly the papers will be placed before my Lord, the Chief Justice, for appropriate orders.
(As per directions of the Chief Justice, this writ appeal coming on for hearing before this Court, in the presence of the Government Pleader for respondents 2 and 3 and Mr. Senthilnathan for 3rd respondent, and the appellant not appearing in person or by counsel, the court made the following:
Order: Venkataswami, J.
7. The question that has been referred to a Full Bench by a Division Bench to which one of us (Mohan, J. as he then was) is as follows:—
“Whether an unregistered association can maintain a writ petition under Art. 226 of the Constitution of India.”
After going through the papers and on hearing the counsel, we are of the view that in view of R. 2-B of the Rules framed by virtue of Art. 225 of the Constitution of India, to regulate proceedings under Art. 226 of the Constitution, this question pales into insignificance, as any body of persons who wish to jointly agitate a matter or espouse a common cause can invoke the benefit of the said rule. Accordingly, we hold that an unregistered Association cannot maintain the writ petition.
vcs.