- Apprentice Lawyer
Is the two week limit under Article 226 (3) of the Constitution for deciding an application moved before teh High Court to vacate an mandatory or directory?
A large number of High Courts have, in the past, ruled that this two-week limitation period is mandatory and that the interim order under challenge would stand automatically vacated if an application challenging it is not decided within two weeks (from the date of serving the application upon the party in whose favour the interim order was granted).
However, on Friday a Division Bench of the Gauhati High Court sided with a contrary view adopted by the Madras High Court, finding that it was more reasonable to interpret Article 226 (3) as only directory (Rukuvoto Ringa, Superintendent and ors. v. Meyalemla, Sr. Supervisor and ors.).