Professional Documents
Culture Documents
BETWEEN:
1. U.D. Jai Bhima Rao, S/o.U.K. Rao
Aged about 43 years, Occ : Advocate
R/o.H.No.13-5-431/5/C1, Tallagadda
Hyderabad.
2. M.Chalapathi, S/o.M.Kotaiah
Aged 46 years, Occ : Advocate
R/o.H.No.38-16-103/C, Shivanagar Colony
Sainikpuri X Roads
Secunderabad 500 094.
3. T.V.Ramesh, S/o.T.V.Ramana
Aged 42 years, Occ : Advocate
R/o.H.No.4-6-355/A/1, Esamia Bazar
Koti, Hyderabad 500 027. . . . . . . PETITIONERS
A N D
on oath as follows:
1. I am the petitioner herein as such I am well acquainted with the facts of the case.
and the interest of the other petitioners is one and the same.
2. I submit that, this writ petition is being filed challenging the appointment of
Respondent No.3 as Additional Judge of High Court of Judicature at Hyderabad for the
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and violative of Article 217(2) of the Constitution of India, and consequently direct the
respondent No.3 to quit the Office of the Additional Judge of the High Court at
Hyderabad and other courts also. I worked under the junior ship of renowned
Advocates Late Sri K. Bala Gopal & Senior Counsel Late Sri Bojja Tarakam. The
Hyderabad.
While so it has come to my knowledge that, the 3rd respondent is not qualified for
appointment as an Additional Judge of High Court, as he has not been an advocate for at
least ten years in High Court of Judicature at Hyderabad or of two or more such Courts
in succession or as he did not hold Judicial office for at least ten years in the territory of
217. Appointment and Conditions of the office of a Judge of a High Court: (1) Every
Judge of a High Court shall be appointed by the President by warrant under his hand
and seal after consultation with the Chief Justice of India, the Governor of the State,
and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice
of the High Court, and [shall hold office, in the case of an additional or acting Judge, as
provided in Article 224, and in any other case, until he attains the age of [Sixty-two
years]:
Provided that :-
(a) a Judge may, by writing under his hand addressed to the president, resign his
office;
(b) a Judge may be removed from his office by the President in the manner
provided in clause (4) of Article 124 for the removal of a Judge of the
Supreme Court;
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[(aa)] in computing the period during which a person has been an advocate of a
High Court, there shall be included any period during which the person [has
held judicial office or the office of a member of a tribunal or any post, under
the Union or a State, requiring special knowledge of law] after he became an
advocate;
(b) in computing the period during which a person has held judicial office in the
territory of India or been an advocate of a High Court, there shall be included
any period before the commencement of this Constitution during which he
has held judicial office in any area which was comprised before the fifteenth
day of August 1947, within India as defined by the Government of India Act,
1935, or has been an advocate of any High court in any such area, as the
case may be.
(3) If any question arises as to the age of Judge of High Court, the question shall be
decided by the President after consultation with the Chief Justice of India and the
decision of the President shall be final.
5. That the respondent No.3 was an advocate from Visakhapatnam mofussil Bar in
Andhra Pradesh. He was neither a member of A.P High Court Advocates Association
nor a member of Telangana High Court Advocates Association. No Computer code
number was generated in the name of the Respondent No.3 which entitles him to file
cases in High Court. So the respondent No.3 was not even eligible to file cases in his
name.
The Honorable Supreme Court in the case of Kumar Padma Prasad Vs. Union of
India & Others reported in 1992 AIR 1213 held as follows:
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2. On the date on which Chapter III comes into force, the following shall stand
repealed, namely:-
(a). . . . . . . . . .. . .
(b). . . . . . . . . . .
(c ) so much of section 8 of the Indian Bar Councils Act, 1926 (38 of 1926), as relates to
the admission and enrollment of legal practitioners;
3. . . . . . . . . .
4. . . . . . . . .
5. When the whole of this Act, has come into force
(a) the remaining provisions of the Acts referred to in this section which do not
stand repealed by virtue of any of the foregoing provisions of this section [except
section 1,3 and 36 of the Legal Practitioners Act, 1879 (18 of 1879) shall stand
repealed;
(b) the enactment specified in the schedule shall stand repealed to the extent
mentioned therein.
Section 51. Rule of Construction:- On and from the appointed day, references
in any enactment to an advocate enrolled by a High Court in any form of words shall be
construed as references to an advocate enrolled under this Act.
Legislative History:
Some enactments like the Official Trustees Act, 1913 refer to an advocate
enrolled by a High Court. Since under the new Act advocates will be enrolled by a
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7. I submit that the Constitution is the highest authority. What is binding on the
courts is Article 217 of the Constitution of India which prescribes the qualification of
the Judges of the High court. It has repealed all other acts.
If any law that is inconsistent with the Constitution is invalid to the extent of its
inconsistency.
The Constitution is supreme. If any Act is in conflict with Article 217 of the
Constitution of India, the Constitution prevails.
Standing = Standing connotes the years in which a person is entitled to practice, not
the actual years, put in by that person in practice (illegal interpretation)
Actual Practice: in the above said judgments the Honorable Courts interpreted the word
Actual Practice means right to practice. (Para No.66 of Mahesh
Chandra Gupta Case).
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10. I submit that, the meaning given for plain meaning rule in P. Ramanath Aiyars
The Law Lexicon, Third Edition- 2012 is as follows: -
The plain meaning rule. The Principle that in the interpretation of a
Constitutional or Statutory provision, word should be given their ordinary and accepted
meaning. (CRAIG R. DUCAT Constitutional interpretation).
The meaning given for the word standing in Merriam Websters
Dictionary is length of service or experience especially as determining rank, pay, or
privilege.
The courts cannot change the accepted meaning of the word standing.
It is the function of a judge not to make but to declare the law according to the golden
mete-wand of the law and not by the crooked cord of discretion
Edmund Burke.
Let all laws be clear, uniform and precise : to interpret law is almost always to
corrupt them.
------Voltaire
It is wrong to interpret the word an advocate is similar to that of an advocate
of High court. It is also wrong to interpret that 10 years experience as an High court
advocate means not the actual years put in by that person in practice.
Judges cannot rewrite the Constitution. It is the function of the legislature. A
lengthy procedure is prescribed under Article 368 of the Constitution of India for
amendment of Article 217 of the Constitution of India.
In para 13 of Mahesh Chandra Gupta Case Vs Union of India and others reported in
(2009) 8 SCC 273 it is stated as follows :
At this stage, it may be mentioned vide Para No.9 of the judgment in
Prof.C.P.Agarwal case this court observed that the distinction between the words an
advocate under Article 233(2) and the words an advocate of a High Court, in Article
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11. I submit that there has been a contravention of Article 217(2) of the constitution
of India. As an advocate, I have an interest to see that an unlawful claimant does not
jurisdiction of this Honorable court under Article 226 of the Constitution of India.
12. I have not filed any writ, suit or other proceedings for this relief against the
respondents and no writ, suit or other Proceedings is pending before any other court or
Tribunal.
It is therefore prayed that this Honorable court may be pleased to issue any writ,
order or direction more particularly one in the nature of writ of Quo-Warranto declaring
the appointment of Respondent No.3 as an Additional Judge of High Court, in the year
2017 as illegal, arbitrary, violative of Article 217(2) of the Constitution of India and
consequently direct the respondent No.3 to quit the Office of the Additional Judge of
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Andhra Pradesh as he is not entitled to hold the same and to pass such other order or
orders as this Honorable Court deems fit and proper in the Circumstances of the case.
Interim Relief:
It is further prayed that this Honorable Court may be pleased to stay the
Hyderabad for The State of Telangana and The State of Andhra Pradesh pending
disposal of the main Writ Petition and to pass such other order or orders as this
Honorable court deems fit and proper in the circumstances of this case.
ADVOCATE:: HYDERABAD
VERIFICATION STATEMENT
facts stated in the above affidavit filed in support of writ petition are true to the best of
my knowledge and belief and based on records and legal advice which I believe to be
ADVOCATE VERIFICANT/DEPONENT
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