ANURAG PATHAK Vs. HIGH COURT OF UTTARANCHAL

JUDGEMENT

(1.) The petitioner, an advocate, practising in Allahabad High Court, has filed this writ petition under Article 226 of the Constitution, praying that (a) a writ, order or direction in the nature of mandamus be issued declaring Section 35 (2) of the U. P. Reorganisation Act, 2000, as ultra vires of the Constitution, and (b) a writ, order or direction in the nature of mandamus be issued declaring the power of the Chief Justice under Section 35 (2) of the Act to be judicial in nature and further that the Chief Justice should exercise the power of grant of certificate after hearing the parties who invoke such jurisdiction and after recording reasons and that too only in exceptional cases.

(2.) The Parliament enacted the Uttar Pradesh Reorganisation Act, 2000 (Act No. 29 of 2000) (hereinafter referred to as the Act) to provide for reorganistion of the existing State of Uttar Pradesh and for matters connected therewith. The Act came into force on August 25, 2000 and the "appointed day" as defined under Section 2 (a) of the Act, by virtue of notification issued by the Central Government in official gazette, is November 9, 2000. In view of Section 3 of the Act, a separate State of Uttaranchal was formed from the "appointed day" which comprises the territories of certain districts of the erstwhile State of Uttar Pradesh.

(3.) Sections 26 and 35 of the Act read as under :