PIL challenged a Zilla Parishad Chandrapur communication regarding participation in temple cleaning proceedings. The court found the participation to be voluntary and not compulsory. Finding nothing survived in the PIL, it disposed of the petition.
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.
2024:BHC-NAG:771-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
PUBLIC INTEREST LITIGATION (PIL) NO. 1 OF 2024
( Gopal S/o Ganpatrao Amrutkar & Ors. Vs.
State of Maharashtra, Thr. Its Principal Secretary to Hon’ble Chief Minister, Mantralaya, Mumbai & Ors. )
| Office Notes, Office Memoranda |
Court's or Judge's orders |
|---|---|
| of Coram, Appearances, Court's | |
| orders or directions and | |
| Registrar's orders |
Mr. A.M. Chandekar, Advocate for the Petitioners. Mrs. S.S. Jachak, Addl.GP for the Respondents/State.
CORAM: AVINASH G. GHAROTE AND SMT. M.S. JAWALKAR, JJ.
DATED : 19th JANUARY, 2024
Heard Mr. Chandekar, learned counsel for the petitioners and Mrs. Jachak, learned Addl.GP for the respondents/State.
2 . Mr. Chandekar, learned counsel for the petitioners, in context of the communication dated 16.01.2024 issued by the Chief Executive Officer, Zilla Parishad Chandrapur to the BDO of the respective Panchayat Samitis in the District (page 18) contends, that everyone named therein is forced to participate in the proceedings for cleaning of the Temple.
3 . A perusal of the communication however would indicate that such participation is not compulsory but appears
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to be voluntary. In case, anybody voluntarily intends to participate in the programme there cannot be any restriction upon that. In that view of the matter, nothing survives in the Public Interest Litigation, the same is disposed of in view of the above.
(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.)
SD. Bhimte
Signed by: S.S. Wadkar (SSW) Designation: PS To Honourable Judge Date: 19/01/2024 15:53:37
1 issue framed by the court
Whether a Zilla Parishad communication requiring participation in temple cleaning proceedings was compulsory.
Gopal S/o Ganpatrao Amrutkar
State of Maharashtra, Thr. Its Principal Secretary to Hon'ble Chief Minister, Mantralaya, Mumbai
Avinash G. Gharote
M.S. Jawalkar
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
