Single Judge decision can’t be questioned in writ plea: HC - ECAS Punjab

Single Judge decision can’t be questioned in writ plea: HC

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Saurabh Malik

Tribune News Service

Chandigarh, November 4

The Punjab and Haryana High Court has made it clear that a decision by a Single Judge in a petition for anticipatory bail cannot be brought into question by way of a writ petition.

The assertion by the Bench of Justice Ajay Tewari and Justice Rajesh Bhardwaj came on a petition filed by Sandeep Goel against the State of Punjab and other respondents praying that an order be ignored as it was a nullity.

The Bench was told that the issue regarding elections to the Ludhiana District Cricket Association came up before the High Court. The Bench, vide order dated September 25, directed that the elections were to be held and appointed an observer. It also fixed a last date by which the elections were to be held.

Independent of that, the current office-bearers of the Ludhiana District Cricket Association filed an anticipatory bail application as an FIR had been lodged against them regarding defalcation of funds etc.

The Bench observed some relief was granted to them regarding their impending arrest. The Bench also directed that the court could not be oblivious of the argument raised by counsel for the petitioners that the Senior Superintendent of Police, Barnala, had been association senior vice-president for long. As such, there could be possibility of covert tinkering of the election process due to the influence of district administration officials, if any public official participated in the election process as a candidate.

It further ordered that no person holding public office would be permitted to participate in the election process as a candidate unless he had either played Ranji Trophy or participated as a player, at least, in a district-level tournament. The Bench observed the contention was that these observations were null and void.

"At the very outset, we put it to senior counsel as to how the High Court writ jurisdiction can be invoked to declare any order of the Single Judge to be non-binding. He has relied upon judgments... None of these judgments hold that a decision of a Single Judge in a petition for anticipatory bail can be brought into question by way of a writ petition," the Bench asserted while dismissing the petition as being not maintainable.



from The Tribune https://ift.tt/3jVYiN3

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