Petitioner sought injunctions under Article 226 to bar the Leader of Opposition from joining the cabinet and opposition benches from joining ruling benches for six months. The Court held the petition was not maintainable as Article 226 cannot direct the Legislature to legislate on any subject. The petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 of 3 PIL(L).31899.2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION (L) NO.31899 OF 2014
Ketan K. Tirodkar Petitioner versus
Hon'ble Speaker and others
Respondents
None for the Petitioner.
Mr.Sunil V. Manohar, Advocate General with Mr.A.B.Vagyani, Government Pleader for Respondent no.2 State.
CORAM : MOHIT S. SHAH, C.J. AND B.P.COLABAWALLA, J. DATE : 15 January 2015
PC :
The petitioner, appearing as party in person, is not present. Even on 17 December 2014, when the matter was called out, the petitioner was not present. But to give a last opportunity, the hearing was adjourned.
2 of 3 PIL(L).31899.2014
A) This Hon'ble Court may be pleased to direct the Respondents to frame rules preventing the leader of opposition from joining the cabinet in any capacity; for the period of six months from his so taking over the Leader of Opposition;
B) This Hon'ble Court may be pleased to direct the Respondents barring the opposition benches from joining the ruling benches by absolving themselves from the duty of opposition party leaders; for the period of six months;
C) Government be directed to incorporate appropriate provisions in the Allocation of Business Rules to prevent such incidents from occurring in future."
3 of 3 PIL(L).31899.2014
(CHIEF JUSTICE)
(B.P.COLABAWALLA, J.)
MST
2 issues framed by the court
Whether this Court can direct the Legislature to frame rules preventing the Leader of Opposition from joining the cabinet under Article 226.
Whether this Court can direct the Government to incorporate provisions in Allocation of Business Rules to prevent opposition benches joining ruling benches.
1 provisions across 1 enactments
Ketan K. Tirodkar
Hon'ble Speaker and others
MOHIT S. SHAH
B.P.COLABAWALLA
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
