That a petition dismissed under Article 226 would operate as res judicata so as to bar a similar petition in the Supreme Court under Article 32 of the Constitution was held in the

Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

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That a petition dismissed under Article 226 would operate as res judicata so as to bar a similar petition in the Supreme Court under Article 32 of the Constitution was held in the

A: Daryao v. State of U.P.

B: Arjun Singh v. State of M.P.

C: Sudhir Chandra v. State of W.B.

D: None of the above.

The answer is: A

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Explanation

The correct option is A: Daryao v. State of U.P.

This case was decided by the Supreme Court of India in 1961. The court held that the doctrine of res judicata applies to writ petitions filed under Article 226 and Article 32 of the Constitution, and that a person who has unsuccessfully challenged the constitutionality of a law or an order in a High Court cannot file another writ petition in the Supreme Court on the same grounds.

The court reasoned that this principle is necessary to maintain the finality and integrity of judicial decisions, and to prevent the abuse of the process of the court.

The court also clarified that res judicata would not apply if the High Court dismissed the writ petition on technical grounds, such as lack of jurisdiction, laches, or alternative remedy, without deciding the merits of the case.

In such cases, the petitioner would have the right to approach the Supreme Court under Article 32 for the enforcement of his or her fundamental rights.