3-Judge Full Bench comprising Chief Justice DY Chandrachud (as he was at Lucknow Bench of Allahabad High Court) declared the following reference in affirmative,
“Whether writ petition under Article 226 of the Constitution can be filed by Power of Attorney holder?”
Safeguards
Having held so, we must, at the same time, emphasize the necessity of observing adequate safeguards where a writ petition is filed through the holder of a power of attorney. These safeguards should necessarily include the following:
(1) The power of attorney by which the donor authorises the donee, must be brought on the record and must be filed together with the petition/application;
(2) The affidavit which is executed by the holder of a power of attorney must contain a statement that the donor is alive and specify the reasons for the inability of the donor to remain present before the Court to swear the affidavit; and
(3) The donee must be confined to those acts which he is authorised by the power of attorney to discharge.
Earlier Reference Order
Citations: [2016 AWC 2 1525], [2016 LCD 34 373], [2016 AIR ALL 52]
Other Source links: https://indiankanoon.org/doc/114640689/ or https://www.casemine.com/judgement/in/5811a4a5e691cb26fc4d9447
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