NDLI: Asrumati Debi Vs. Kumar Rupendra Deb Raikot and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Letters Patent (Calcutta High Court) 15 Cls. 18
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India, Limitation Act, 1908 (9 of 1908)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	The respondent, who had been convicted and sentenced to rigorous imprisonment for seven years, was elected a member of the Madras Legislative Assembly. At the instance of the Speaker of the Assembly, the Governor of Madras referred to the Election Commission, which had its offices permanently located at New Delhi, the question whether the respondent was disqualified and could be allowed to sit and vote in the Assembly, The respondent thereupon applied to the High Court of Madras under article 226 of the Constitution for a writ restraining the Election Commission from enquiring into bis alleged· disqualification for membership of the Assembly : Held, that the power of the High Court to issue writs under article 226 of the Constitution is subject to the two-fold limitation that such writs cannot run beyond the territories subject to its 1953 jurisdiction and the person or authority to whom the High Court is empowered to issue such Vrits must be amenable to the jurisdiction of the High Court either by residence or location within the territories subject to its jurisdiction. The High Court had therefore no jurisdiction to issue a writ under article 226 of the Constitution against the Election Commission. Held further, that articles 190(3) and 192(1) are applicable only to disqualifications to which a member becomes subject and neither the Governor nor the Election Commission had jurisdiction to enquire into the respondent's disqualification which arose long before his election. A tribunal or authority permanently located and normally carrying on its activities outside the territorial limits of a High Court cannot be regarded as functioning within those territorial limits and therefore amenable to the jurisdiction of that High Court, merely because it exercises jurisdiction within those territorial limits so as to affect the rights of parties therein. The fact that the matter referred to it for decision related to the opposite party's right to sit and vote in the Legislative Assembly at Madras and the parties to the dispute resided in the State of Madras could not give jurisdiction to the High Court of Madras to issue such a writ against the Election Commission. An appeal lies to the Supreme Court under article 132 of the Constitution even from a judgment, decree or final order of a Single Judge of a High Court, provided the requisite certificate is given.
Judge	Honble Mr. Justice Bijan Kumar Mukherjea
Neutral Citation	1953 INSC 17
Petitioner	Asrumati Debi
Respondent	Kumar Rupendra Deb Raikot And Others
SCR	[1953] 1 S.C.R. 1159
Judgement Date	1953-02-27
Case Number	92

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