Rajasthan High Court: In a special appeal writ petition seeking relief against an order dated 27-03-2024 issued by a single-judge bench of Arun Monga, J., directing pre-emptive measures to ensure the smooth operation of the Court, specifically addressing the preparation and designation of cause lists when cases from another Bench are listed before a substitute Bench, a division bench comprising of Munnuri Laxman and Dr. Pushpendra Singh Bhati, JJ., stayed the operation of the impugned order’s directives until a later date. However, the Registry was authorized to bring any concerns expressed by the Single Judge to the Chief Justice for consideration.
The appellant stated that that Rule 73 of the Rules of the High Court of Judicature for Rajasthan 1952 (Rules1952) outlined the preparation of the cause list under the direction of the Chief Justice, Paragraph 44 of the Rajasthan High Court Ordinance, 1949 (Ordinance 1949), delineates the distribution of business and administrative control, emphasising the authority of the Chief Justice in allocating cases and constituting benches. The appellant contended that the impugned directives infringe upon the exclusive authority of the Chief Justice in matters of rostering and administrative control, as stipulated by relevant provisions of the Rules of 1952 and the Ordinance of 1949. The appellant referred to State of Rajasthan v. Prakash Chand, (1998) 1 SCC 1, where the Supreme Court reaffirmed the exclusive authority of the Chief Justice in administrative matters, including the constitution of benches and allocation of cases.
The Court noted that the core issue revolves around the administrative control and prerogatives of the Chief Justice regarding the constitution of Benches, allocation of cases, and preparation of cause lists. The Court recognized the importance of the issues raised regarding the administrative control of the Court and decided to give the matter due consideration. The Court allowed the appeal, acknowledging the grounds stated in the application. The Court stayed the operation of paragraph 6 of the impugned order.
However, the Court permitted the Registry to present the concerns expressed by the Single Judge to the Chief Justice for consideration. Due to time constraints and the extensive nature of the case, the Court postponed the hearing to the second week of July 2024.
[High Court of Judicature for Rajasthan v. State of Rajasthan, D.B. Spl. Appl. Writ No. 480/2024, order dated 16-04-2024]
Advocates who appeared in this case:
Dr. Sachin Acharya, Sr. Advocate assisted by Mr. Chayan Bothra and Mr. Samyak Dalal, Counsel for the Appellant
