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Allahabad HC (Full Bench) Lays Down “Twin Test” For Maintainability of Writ Petition Against Private Bodies

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Allahabad HC (Full Bench) Lays Down “Twin Test” For Maintainability of Writ Petition Against Private Bodies

On Monday, a Full Bench of the Allahabad High Court ruled that a remedy under Article 226 of the Indian Constitution is available only against an authority/person performing a public duty or function if the action under challenge falls within the scope of public law not common law.

A Full bench comprised of Acting Chief Justice Munishwar Nath Bhandari, Justices Prakash Padia and Sanjay Kumar Singh laid down following “Twin Test” for maintainability of a writ petition under Article 226 against a private body:

1. The individual or authority is performing a public duty/function.

2. The challenged action comes under public law rather than common law.

As a result, the Court determined that a petition under Article 226 would be admissible only after ascertaining the nature of the duty to be imposed by the body or authority, rather than identifying the authority requested.

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