The Allahabad High Court has ordered an inquiry into a litigant’s allegations that an advocate filed a caveat and appeared on his behalf in a writ petition without any authorization, consent, or knowledge. Justice Siddharth Nandan, presiding over the single-judge bench, observed that the serious allegations have shaken the conscience of the court and directly impact the administration of justice. To determine the truth, the court directed the High Court office to compile the litigant’s original signatures from previous Vakalatnamas across several earlier cases and place them in a sealed cover for verification.
Background of the Case
The controversy arises from a dispute over the administration of Nehru Vidyapeeth Inter College, Revatipur, Ghazipur. Initially, the High Court had disposed of a writ petition (Writ-C No. 17384 of 2026) on May 5, 2026. That petition challenged an order dated December 9, 2025, which concerned a proposal to amend the school’s scheme of administration by substituting the original society with the “Ma Bhagwati Dwarika Trust.”
Following the disposal of the writ petition, Shiv Shankar Singh (arrayed as Respondent No. 6 in the main petition) filed an intra-court appeal (Special Appeal No. 691 of 2026). He contended that a counsel had appeared on his behalf without a Vakalatnama, authority, or his knowledge, which led to the disposal order. He also claimed that the assertion that the last undisputed elections were held in 2009 was factually incorrect as no such elections took place. The Division Bench dismissed the appeal on May 27, 2026, but left it open for him to take appropriate legal steps. Consequently, Singh filed the present review application (Civil Misc Review Application No. 106 of 2026) raising similar allegations.
Arguments of the Parties
The applicant, Shiv Shankar Singh, argued in his review application that he did not authorize any counsel to represent him in the main writ petition and never instructed anyone to file a caveat application. He asserted that the signatures on the original caveat and the current review application were entirely different. He further maintained that the only legally acceptable list for the college elections was List 115-C, as established by a judgment dated January 4, 1988, in Civil Appeal No. 199 of 1984, and that the election should not have been conducted on the basis of the 2009 election list.
In response, Advocate Sri R.C. Dwivedi, who had previously appeared for Singh, filed a personal affidavit strongly refuting these claims. He stated that Shiv Shankar Singh, accompanied by his nephew Bhola Yadav, had visited his office in Allahabad. According to the affidavit, Singh handed over a copy of the Joint Director of Education’s order dated April 10, 2026, along with a signed Vakalatnama to his clerk, Rajesh Yadav. The nephew, Bhola Yadav, in Singh’s presence, allegedly deposited Rs. 2,500 with the clerk to file the caveat on April 17, 2026. Sri R.C. Dwivedi brought on record several past writ petitions where he had represented Singh since 2015, arguing that the allegations in the review application were completely false, and that such practices are sometimes used by clients to escape orders they subsequently find inconvenient.
The Court’s Analysis
Upon reviewing the documents, the court observed that the signature on the Vakalatnama filed with the review application indeed appeared different from the one filed with the earlier caveat.
Addressing the gravity of the allegations made against a long-standing practitioner of the court, the judge highlighted that the relationship between the legal bar and the judiciary must be preserved. The court observed:
“therefore his conduct, is also to be examined, as this has direct repercussions on the administration of justice, since bar and bench being two wheels of the same chariot, works on mutual Trust.”
The court also scrutinized the representations made by the advocates regarding the “undisputed” 2009 elections. Sri R.C. Dwivedi argued that because Singh had been continuing in his position since 1973, it was stated that the 2009 election was the last undisputed one. However, the court’s review of the records revealed that the 2009 election was actually highly contested in Writ-C No. 19276 of 2016 (Committee of Management Nehru Vidyapeeth Inter College, Rewatipur and others). In that case, the court had found the elections to be doubtful, and the Joint Director of Education had eventually directed fresh elections to be held.
Observing that the counsels had misguided the court on this factual aspect, the court noted:
“Therefore, this Court finds that the statement of the petitioner’s counsel Sri. S.C. Dwivedi and counsel for respondent no.6, were adverse to the documents on record; but whether they were on purpose is to be examined.”
The Decision
Taking serious note of the allegations, the Court stated:
“However, since serious allegations have been made, which has shaken the conscience of the Court, this Court finds it necessary that a personal affidavit of Bhola Singh may also be called for, and the record along with the Vakalatnama in the following writ petitions may be summoned to examine the signatures of Sri Shivshankar Singh (Yadav).”
To investigate the authenticity of the signatures, the Court issued the following directives:
- The High Court Office is directed to compile the original Vakalatnamas of Shiv Shankar Singh from six specified previous cases (including Special Appeal No. 514 of 2015, Special Appeal Defective No. 750 of 2018, Writ-C No. 13896 of 2019, Writ-C No. 37100 of 2003, Writ-C No. 312 of 2026, and Writ-C No. 12365 of 2024) and place them in a sealed cover on the next hearing date.
- Sri Bhola Singh and Sri Shivshankar Singh (Yadav) must file personal affidavits clarifying whether they provided the signed Vakalatnama to the clerk of Sri R.C. Dwivedi, Advocate.
- The applicant and his nephew are permitted to file objections to the personal affidavit submitted by Sri R.C. Dwivedi.
- Both Sri Bhola Singh and Sri Shivshankar Singh (Yadav) are directed to remain personally present before the Court on the next hearing date.
The case has been listed for a fresh hearing on July 13, 2026, at 10:00 a.m.
Case Details
Case Title: Shiv Shankar Singh Versus Committee Of Management Nehru Vidyapeeth Inter College And Another
Case No.: Civil Misc Review Application No. 106 of 2026
Bench: Justice Siddharth Nandan
Date: July 6, 2026
