Bombay High Court Dismisses Quo Warranto Petition Challenging Appointment of Additional Judge as Abuse of Process. Petition filed by an advocate questioning appointment of Respondent No.7 as additional judge of Bombay High Court held to be trumpery and frivolous.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

The petitioner, an advocate practicing in the Bombay High Court, filed a writ petition seeking a writ of quo warranto challenging the appointment of Respondent No.7 as an additional judge of the Bombay High Court. The petition was presented before a Division Bench of the Bombay High Court. The court, after hearing the parties, observed that the petition was an instance of blatant abuse of the process of the court. The court referred to the Supreme Court's decision in Holicow Pictures (P) Ltd. v. Prem Chandra Mishra, where it was noted that trumpery proceedings waste judicial time that could otherwise be spent on genuine litigants. The court dismissed the petition with costs, holding that such frivolous litigation cannot be entertained.

Headnote

A) Constitutional Law - Appointment of Judges - Quo Warranto - Maintainability - Petition filed by an advocate questioning the appointment of an additional judge of the Bombay High Court - Court held that the petition is an instance of blatant abuse of the process of the court and dismissed it with costs - Held that such trumpery proceedings waste judicial time and are not maintainable (Paras 1-3).

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Issue of Consideration

Whether the petition challenging the appointment of an additional judge of the High Court is maintainable and not an abuse of the process of the court.

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Final Decision

The petition is dismissed as an instance of blatant abuse of the process of the court.

Law Points

  • Abuse of process of court
  • Frivolous litigation
  • Quo warranto
  • Public Interest Litigation
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Case Details

2018 LawText (BOM) (02) 82

WRIT PETITION NO. 26 OF 2018 WITH NOTICE OF MOTION (LODGING) NO. 95 OF 2018

2018-02-08

R.M. BORDE, R.G. KETKAR

Mr. Amit A. Karande for the Petitioner/Applicant, Mr. Anil Singh, ASG a/w Mr. Aditya Thakkar, Ms. Geetika Gandhi i/by Indrayani Deshmukh for Respondent No.3, Mr. D.J. Khambatta, Senior Advocate a/w Mr. Mahesh Londhe, Mr. Netaji Gawade i/by M/s. Sanjay Udeshi & Co. for Respondent No.4, Ms. Geeta Shastri, Additional G.P. for Respondent No.5

Mr. Ulhas T. Naik

The Hon'ble President of India, The Hon'ble Supreme Court of India, Union of India, The Hon'ble High Court of Bombay, The State of Maharashtra, Intelligence Bureau, Hon'ble Shri Justice Sandip Kashinath Shinde

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Nature of Litigation

Writ petition seeking a writ of quo warranto challenging the appointment of an additional judge of the Bombay High Court.

Remedy Sought

Petitioner sought a writ of quo warranto questioning the appointment of Respondent No.7 as an additional judge of the Bombay High Court.

Filing Reason

Petitioner, an advocate, challenged the appointment of Respondent No.7 as an additional judge.

Issues

Whether the petition is maintainable and not an abuse of the process of the court.

Submissions/Arguments

Petitioner argued that the appointment of Respondent No.7 as additional judge was illegal. Respondents argued that the petition is frivolous and an abuse of process.

Ratio Decidendi

The petition is trumpery and frivolous, wasting judicial time, and therefore dismissed as an abuse of process.

Judgment Excerpts

The instant Petition, presented by an Advocate, practicing in this Court, seeking a writ of quo warranto, questioning the appointment of Respondent No.7 as an additional Judge of the Bombay High Court, is an instance of blatant abuse of the process of the Court. It is depressing to note that on account of such trumpery proceedings initiated before the Courts, innumerable days are wasted, which time otherwise could have been spent for the disposal of cases of the genuine litigants.

Procedural History

The petition was filed on an unspecified date and heard by a Division Bench on 8 February 2018.

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