Case Note & Summary
The petitioner, H.R. Vishwanath, an advocate appearing in person, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bangalore. The petition sought a writ of mandamus against the Registrar General of the High Court (first respondent) to not allow the Advocate General, Sri Ravivarma Kumar (second respondent), to hoist the Indian National Flag at the Office of the Advocate General, which is located parallel to the Advocates' Association, Bangalore. The petitioner also sought a direction to ensure solidarity, unity, and integrity of the Advocates' Association by stopping the second respondent from doing what the petitioner termed an 'irrelevant imperious act' that would imperil the third respondent (the Advocates' Association). The matter came up for preliminary hearing before Justice A.N. Venugopala Gowda. The court examined the petition and found that the petitioner had no locus standi to file the petition. The court noted that the petitioner was not a member of the Advocates' Association and that the petition did not disclose any legal right of the petitioner that was infringed or any public interest involved. The court observed that the petition appeared to be filed for personal reasons or to settle scores. Consequently, the court dismissed the petition as not maintainable, holding that the petitioner lacked the standing to seek the relief prayed for.
Headnote
A) Constitutional Law - Locus Standi - Writ of Mandamus - Petitioner, an advocate, sought to restrain the Advocate General from hoisting the National Flag at his office, claiming it would imperil the Advocates' Association - Court held that the petitioner had no locus standi as the matter did not involve any legal right of the petitioner or any public interest - Petition dismissed as not maintainable (Para 4).
Issue of Consideration
Whether the petitioner has locus standi to seek a writ of mandamus to restrain the Advocate General from hoisting the Indian National Flag at his office premises, and whether the petition is maintainable.
Final Decision
The writ petition is dismissed as not maintainable.
Law Points
- Maintainability of writ petition
- locus standi
- public interest litigation
- flag code
- right to hoist national flag
