G.P.Mathur, J. - (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 : "26. High Court of Uttaranchal. (1) As from the appointed day, there shall be a separate High Court for the State of Uttaranchal (hereinafter referred to as "the High Court of Uttaranchal") and the High Court of Judicature at Allahabad shall become the High Court for the State of Uttar Pradesh (hereinafter referred to as the High Court at Allahabad). (2) The principal seat of the High Court of Uttaranchal shall be at such place as the President may, by notified order, appoint. (3) Notwithstanding anything contained in Sub-section (2), the Judges and division courts of the High Court of Uttaranchal may sit at such other place or places in the State of Uttaranchal other than its principal seat as the Chief Justice may, with the approval of the Governor of Uttaranchal, appoint." "35. Transfer of proceedings from Allahabad High Court to Uttaranchal High Court.--(1) Except as hereinafter provided, the High Court at Allahabad shall, as from the appointed day, have no jurisdiction in respect of the transferred territory. (2) Such proceedings pending in the High Court at Allahabad immediately before the appointed day as are certified, whether before or after that day, by the Chief Justice of that High Court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the High Court of Uttaranchal shall, as soon as may be after such certification, be transferred to the High Court of Uttaranchal. (3) Notwithstanding anything contained in Sub-sections (1) and (2) of this Section or in Section 28, but save as hereinafter provided, the High Court at Allahabad shall have, and the High Court of Uttaranchal shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to the Supreme Court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the High Court at Allahabad before the appointed day : Provided that if after any such proceedings have been entertained by the High Court at Allahabad, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Uttaranchal, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. (4) Any order made by the High Court at Allahabad( a) before the appointed day, in any proceedings transferred to the High Court of Uttaranchal by virtue of Sub-section (2), or (b) in any proceedings with respect to which the High Court at Allahabad retains jurisdiction by virtue of Sub-section (3), shall for all purposes have effect, not only as an order of the High Court at Allahabad, but also as an order made by the High Court of Uttaranchal.";