J.S.Verma, J. - (1.) The question referred to us for decision in the following viz.,-- "Whether in compliance with the order dated 5-2-1976 passed by the then Chief Justice (Shiv Dayal, C. J.), it is not necessary to list a petition under Articles 226/227 of the Constitution filed in any of the Bench Registries raising the question of vires of any enactment, rule, order or notification etc. also for motion hearing at the principal seat of the High Court?"
(2.) The identical orders dated 5-2-1976 were passed by Shiv Dayal, C. J. which read as under:- "In exercise of the powers conferred on me by the proviso to the Notification No. 16/20/68-Judl. III, dated November 28, 1968, issued by the President under Section 51 (2) of the States Reorganisation Act, 1956, (No. 36 of 1956), establishing a permanent Bench of the Madhya Pradesh High Court at Gwalior, And in supersession of all previous orders so far issued in exercise of the powers under the aforesaid proviso, I hereby order that with effect from February 5, 1976, till further orders, only the following cases arising from the Revenue Districts of Gwalior, Shivpuri, Datia, Guna, Vidisha (Bhelsa), Bhind and Morena, except those cases for which I may otherwise order, shall be heard at Jabalpur:- (1) All petitions under Article 226/ 227 of the Constitution challenging the vires of any Act or statute or any order or rule or regulation made under any Act or statute; (2) All individual cases which I may hereafter order to be heard at Jabalpur. Sd/- Shiv Dayal CHIEF JUSTICE 5-2-1976." XXXXXX "In exercise of the powers conferred on me by the proviso to the Notification No. 16/20/68/Judl-III, dated November 28, 1968, issued by the President under Section 51 (2) of the States Reorganisation Act, 1956 (No. 36 of 1956), establishing a permanent Bench of the Madhya Pradesh High Court at Indore, And in supersession of all previous orders so far issued in exercise of the powers under the aforesaid proviso, I hereby order that with effect from February 5, 1976, till further orders, only the following cases arising from the Revenue Districts of Indore, Ujjain, De-was, Dhar, Jhabua, Ratlam, Mandsaur, West Nimar (Khargone), Shajapur and Rajgarh, except those cases for which I may otherwise order, shall be heard at Jabalpur:- (1) All petitions under Article 226/ 227 of the Constitution challenging the vires of any Act or statute or any order or rule or regulation made under any Act or statute; (2) All individual cases which I may hereafter order to be heard at Jabalpur. Sd/- Shiv Dayal CHIEF JUSTICE 5-2-1976."
(3.) The validity of the above-quoted order dated 5-2-1976 passed by the Chief Justice was unsuccessfully challenged in a writ petition in this Court. A Full Bench of five Judges in Abdul Taiyab v. Union of India, 1976 MPLJ 767: AIR 1977 Madh Pra 116 upheld the validity of the President's Notification issued under Section 51 (2) of the States Reorganization Act as well as the Chief Justice's order made under the proviso to the President's Notification. The view of the majority is contained in the opinion of Oza J. with whom Vyas and Sharma JJ. entirely agreed. In Abdul Taiyab's case, the historical background relating to the constitution of two permanent Benches at Indore and Gwalior in 1968 and the relevant stages till the making of the Chief Justice's order dated 5-2-1976 have been given at length. It is, therefore, not necessary for us to reiterate the same. However, a brief resume thereof has to be given only to facilitate appreciation of the present controversy.;