If a petitioner has disabled himself from availing himself of the statutory remedy by his own fault in not doing so within the prescribed time, he/she cannot certainly be permitted to urge that as a ground for the court dealing with his petition under article 226 to exercise its discretion in his/her favour. Once a petitioner has, due to his own fault disabled himself/herself from availing a statutory remedy, the discretionary remedy under article 226 may not be available.
Exceptions to the rule of alternate remedy arise where :
(a) the writ petition has been filed for the enforcement of a fundamental right protected by Part III of the Constitution;
(b) there has been a violation of the principles of natural justice;
(c) the order or proceedings are wholly without jurisdiction; or
(d) the vires of a legislation is challenged.
