M'shtra: HC holds its administrative rule ultra vires

Mumbai, May 13: A division bench of the Bombay High Court has declared null and void one of its own administrative rules, holding it ultra vires of article 348 (1)(a) of the Constitution.

The division bench of Justice F I Rebello and Justice R M Sawant, has held rule 2(1) of the Bombay High Court Appeallite side rules, 1960 that allowed the litigants to file, alongwith proceedings copies of documents in Marathi language, as ultra vires to the constitutional provision. The court has noted that the rule does not reflect present reality, the Bombay High Court has jurisdiction over more than one state and union teritorries of Daman, Div, Dadra and Nagar Haveli.

The court has made interim arrangements until appropriate administrative decision is taken. Under the interim arrangement, the court has directed that accompaning documents which are under challenge and to be relied upon by the litigants, must be in English. The Registrar General of the High Court has been directed to to ensure that the registry at Mumbai and all other benches comply with this direction.

The court has held that, the State Government as well as all the local authorities, conferred with power to make orders, rules, regulations and bye-laws, must ensure that the English translations of the orders, rules, resolutions and bye-laws are made available in terms of the mandate of Article 348 of the Constitution.

The court has further directed them to ensure that, apart from publication in the Gazette, the English translation as far as possible are also put up on web-sites, as the object of the Article is to help the litigants and others.

UNI