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Judgment
Mohan, J.—The question that arises for our determination is, whether an unregistered association can maintain a writ petition under Article
226 of the Constitution of India.
Learned counsel for the appellant wants to strongly rely upon the ruling of the Supreme Court in Akhil Bharatiya Soshit Karamchari Sangh
(Railway) represented by its Assistant General Secretary on behalf of the Association Vs. Union of India (UOI) and Others, and particularly the
observations in paragraph 63 at page 317.
As against this, learned Government pleader would rely upon a judgment of a Division Bench reported in Writ Appl. Nos. 49 to 52 and 58 to
60 of 1983, relied on in The North Arcot District Pawn Brokers'' Association and Others Vs. The Secretary to Government of India, Ministry of
Finance (Department of Revenue and Insurance) and Others, . Further reliance is placed on Umesh Chand Vinod Kumar and Others Vs. Krishi
Utpadan Mandi Samiti and Another, .
Having regard to the recent trend of the case law enabling even a body of persons to agitate a common cause under writ jurisdiction, we are of
the view that the Writ Appeal Nos. 49 to 52 and 58 to 60 of 1983, of this Court referred to and cited in The North Arcot District Pawn Brokers''
Association and Others Vs. The Secretary to Government of India, Ministry of Finance (Department of Revenue and Insurance) and Others,
requires reconsideration.
Having regard to the importance of the question and inasmuch as this question is likely to occur often in view of the recent trend of the law, we
are of opinion that it is desirable to have the same adjudicated by a Full Bench of this Court.
Accordingly the papers will be placed before My Lord, the Chief Justice, for appropriate orders.
Decision of Full Bench
Venkataswami, J.
The question that has been referred to a Full Bench by a Division Bench to which one of us (Mohan, J. as he then was) is as follows : --
Whether an unregistered association can maintain a writ petition under An. 226 of the Constitution of India.
After going through the papers and on hearing the counsel, we are of the view that in view of Rule 2-B of the Rules framed by virtue of Article 225
of the Constitution, to regulate proceedings under Article 226 of the Constitution, this question pales into insignificance, as any body of persons
who wish to jointly agitate a matter or espouse a common cause can invoke the benefit of the said rule. Accordingly, we hold that an unregistered
Association cannot maintain the writ petition.