SUO MOTU PROCEEDINGS AGAINS MR R KARUPPAN ADVOCATE Vs. UNION OF INDIA

JUDGEMENT

(1.) Proclaiming to be its President, the respondent Sh. R. Karuppan filed a writ petition in the name of Madras High Court Advocates Association praying for issuance of writ of Quo Warranto against the Hon'ble Chief Justice of India. He also prayed this Court to determine the age of the first respondent in the writ petition as 1-11-1934 and further that the first respondent had attained the age of superannuation on 31st October, 1999 and had ceased to hold the office since then. In support of the averments made in the writ petition Shri R. Karuppan (hereinafter referred to as "the respondent") also filed an affidavit.

(2.) Before the matter was taken up for admission, the Registry of this Court received a petition signed by a number of Advocates claiming to be the members of the said Association and alleging that the Association had not authorised the respondent to file any writ petition in the name of the Association. Ignoring the disputes stated to be existing amongst the members of the Advocates Association, we proceeded to consider the writ petition on the assumption that the petition was either filed on behalf of the Association or by the respondent on his own in his individual capacity as well, particularly when the prayer made was for the issuance of a writ of quo warranto. In the said petition, the respondent had raised the question of the alleged disputed age of the Hon'ble Chief Justice of India. The writ petition was dismissed in limine observing :

(3.) Notice was issued to the respondent requiring him to show cause why prosecution proceedings shall not be initiated against him for offence under Section 193 of the Indian Penal Code.