Court emphasizes the importance of timely filing and reasonable explanation for delays in invoking writ jurisdiction.
In a recent judgment, the Allahabad High Court, sitting at Lucknow, dismissed a writ petition filed by Avanindra Kumar Gupta against the U.P. Information Commission. The petition, filed under Article 226 of the Constitution of India, was challenged due to an unexplained delay of nearly three years in approaching the court.
Justice Subhash Vidyarthi presided over the case, emphasizing the discretionary nature of writ jurisdiction under Article 226, which requires petitioners to file with reasonable promptness. The court noted that there was no explanation provided for the significant delay of 2 years and 10 months between the passing of the impugned order on February 17, 2023, and the filing of the writ petition on December 12, 2025.
The petitioner’s counsel, Shyam Sundar Dubey, argued that the Limitation Act does not apply to proceedings under Article 226. However, the court reiterated that despite the non-application of the Limitation Act, petitioners must still provide a reasonable explanation for any delay when invoking the court's extraordinary discretionary powers.
The case also involved the U.P. Right to Information Rules, 2015, specifically Rule 12, which outlines the grounds for recalling an order by the State Information Commission. The petitioner's application for recall had been previously rejected by the Commission, as the grounds cited did not fulfill the criteria outlined in Rule 12(1).
In addition to procedural issues, the court highlighted an inappropriate reliance on literary quotes by the petitioner's counsel. The counsel referenced a chaupai from the Ram Charitmanas without understanding its context, which the court deemed irrelevant to the case at hand.
In conclusion, the court found no merit in the writ petition and dismissed it at the admission stage, reinforcing the principle that unexplained delays in filing can lead to dismissal of petitions.
Bottom Line:
Writ jurisdiction under Article 226 of the Constitution of India is discretionary and requires the petitioner to approach the court with reasonable promptitude. Unexplained delay or laches in filing a petition can lead to its dismissal.
Statutory provision(s): Article 226 of the Constitution of India, U.P. Right to Information Rules, 2015 (Rule 12)
