Harish S/O Mahadeo Pimpalkhute And Anr. vs Bal Thackeray And Ors. on 7 February, 1997
The learned Counsel and Advocate General placed reliance on the decisions in R.L. Kapur v. State of Tamil Nadu , Vinaya Chandra Misra v. Sachindra Kumar Sarkar 1974 Cri.L.J. 962, S.K. Sarkar v. Vinay Chandra Misra , Conscientious Group v. Mohammed Yunus and Ors. and P.N. Duda v. P. Shivshankar . With the assistance of the learned Counsel, we have examined the ratios laid down. The dictum as deduced from them does not suggest in any manner that the procedure prescribed by the Act controls the exercise of power under Article 215. Even otherwise, like Articles 14, 19 and 21, etc., the power under Article 215 has not been made subject to any law for the time being in force.