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Report No. 58

Question 5

5.11. In order to solicit views on the subject, Question 5 was put in our Questionnaire as follows:-

"Q. 5(a). Do you agree with the suggestion that in writ petitions to the High Courts under Article 226 of the Constitution, stay should not be granted, save in exceptional cases?

(b) Do you favour an amendment of the Constitution to the effect that unless the Court, for special reasons to be recorded, otherwise orders by reason of exceptional circumstances, no interim order for stay shall be asked for, in a petition under Article 226, without filing evidence before the High Court that (i) notice of the intention to move the Court at a specified time and for specified relief has been or shall be given to the opposite party; and (ii) copies of all documents filed in Court and intended to be relied upon in support of the application for interim relief have been, or shall be served upon the opposite party?"

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