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december 1954

Supreme Court of India · 1954-12-09

HARI VISHNU KAMATH vs SYED AHMAD ISHAQUE AND OTHERS.

Citation / case number
SC 1954/90345
Court
Supreme Court of India
Petitioner
HARI VISHNU KAMATH
Respondent
SYED AHMAD ISHAQUE AND OTHERS.
Bench
MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN,BHAGWATI, N.H. & JAGANNADHADAS, B. & AIYYAR, T.L.VENKATARAMA

Judgment text excerpt

The Supreme Court held that under Article 226 of the Constitution, High Courts possess the authority to issue writs of certiorari against Election Tribunals, even after they have become functus officio. The Court clarified that the power to issue such writs is not limited by Article 329(b) and emphasized that certiorari is directed against the record rather than the tribunal itself. The judgment established that the jurisdiction of the High Court extends to any person or authority within its territorial jurisdiction, and the distinction between writs of prohibition and certiorari is significant, with the latter applicable post-decision.

HARI VISHNU KAMATH vs SYED AHMAD ISHAQUE AND OTHERS. · Niyam