The petitioner, absent in person, sought dismissal of a PIL praying for setting aside a ward election and directing fresh polls. The court held that such relief does not fall within PIL jurisdiction and dismissed the petition.
No order; petition 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.
SKC
11-PILST-6584-17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION (STAMP) NO. 6584 OF 2017
Tahir H. Malik .. Petitioner versus The State Election Commission & Ors. .. Respondents
None for Petitioner.
Mr. P. G. Sawant – AGP for State.
CORAM: DR. MANJULA CHELLUR, CJ. & M.S. SONAK, J.
DATE : 09 NOVEMBER 2017
P.C.:
2] Even otherwise, upon perusal of the petition and more particularly relief in prayer clause (b), we are satisfied that this petition cannot be entertained as a public interest litigation. The petitioner seeks setting aside of an election of ward no. 88 and seeks directions for conduct of fresh elections. Relief of this nature, cannot be ordinarily considered in the public interest litigation.
3] Accordingly, this petition is dismissed. There shall be no order as to costs.
(M. S. SONAK, J.)
CHIEF JUSTICE
1 of 1
SKC
1 issue framed by the court
Whether a PIL can be entertained for setting aside the election of a ward and directing fresh elections.
Tahir H. Malik
The State Election Commission
DR. MANJULA CHELLUR
M.S. SONAK
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
