The propriety of the Judicial
institution in due discharge of its responsibility is dependent upon the factor
that any party to the litigation may not be subjected to suffer adversely
either directly or indirectly by any order passed by the court of law. There is
a difference in passing a wrong judgement and in subservient the cause sponsor
before the judicial institution after affiliation in the matter. The modus
operandi may not be explicit by the same is always hidden inside the veracity
of such order. For unjust cause, the court may not divest its extra ordinary
jurisdiction to provide such individual striving for perpetuation of an unjust
cause by the court of law.
The
question arises that since the law cannot afford any relationship other than
the truth, there is no favourite which may be blunted by legal jugglery. It is
said that the reason varies in its conclusions according to the idiosyncrasy of
the individual personality by the reasoning should be built up for which an old
scholastic logic stands for. This is like jingling of a child's toy. Thus a
decision of a Judge usually determines, hat is reasonable belonging to the
knowledge of law, which is likely to be decided rationally within the parameter
of reason, which substitute subjectivity by objectivity. The question arises as
to whether the Hon’ble Courts are merely to act by overlooking the object to
arrive at the truth is obliviously the role of the Hon’ble Court by ensuring
that any material facts, which are brought on record may not resultant in the
judgement by miscarriage of justice. The dignity of the ocean lies not in its
furry capable of causing destruction but in the expansion of the gratitude by
vast expansion of the receptivity.
The
question arises as to whether a wrong decision rendered in absence of
established norms of judicial parameter by adequate acceptance of the logic
advanced by the party may not be tantamount the obliteration from the
prescribed standards adhered with the judicial evaluation. There may be the
error committed by the Judges in passing the order and judgement but if the
provisions of the law itself are providing the impediment for the grant of
relief claimed, even after recording such Ryder providing obstacle in carving
out a judgement, the judgement shall be deemed to have been passed with
extraneous consideration behind which, may also be the corruption. The paradox
of demonstrative style for imparting justice to fulfill the three ingredients
of the elementary principles of natural justice may always be kept in the mind
by the Hon’ble Court while dealing with the sensitive issues relating to the
issues of removal of the Chairman of the Nagar Palika Parishad of a district.
It has been held if the charges are levelled by imputation of character
assassination on account of embezzlement of an exorbitant amount by a public
authority causing loss to the public exchequer, in such circumstances the
Hon’ble Court while exercising the power under Article 226 of the Constitution
of India must always be susceptible for grant of the relief.
Fraud
and justice never dealt together as fraud neither defends nor excuses any man.
It is bound to expose by the afflux of time which is apparently visible in the
given instance of passing the Judgement in the same matter once by allowing the
writ petition while within the same material, not only dismissing the writ
petition but also debarring the individual for another five year from the post
of Chairman, Nagar Palika Parishad but declaring her inherently disqualifies at
the time of assuming the office after winning the election. In such cases the
consensus of the public is pricked by divulging to the process of recapturing
the allegation levelled having impunity in exercise of our justice delivery
system by the Constitutional Court.
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