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N. KOTISWAR SINGH, K. V. VISWANATHAN
Maharashtra Electricity Regulatory Commission – Appellant
Versus
Anil Wadpalliwar – Respondent
| Table of Content |
|---|
| 1. procedural history of public interest litigation (Para 1 , 2) |
| 2. arguments for and against amendments to the petition (Para 3 , 5) |
| 3. court's response and procedural directives (Para 4 , 6 , 8) |
| 4. conclusion and order to remand (Para 7 , 9) |
ORDER :
1. Leave granted.
2. A small procedural issue has held up the Public Interest Litigation petition from adjudication for the last nearly seven years. On 03.10.2018, the first respondent filed PIL No. 129 of 2018 in the High Court of Judicature at Bombay, Nagpur Bench praying for the following reliefs:
b) By an appropriate writ, order and/or direction, hold and declare that the resolution dt. 4th of September 2018 (Annexure-A) passed by the respondent Commission as per se illegal, arbitrary, draconian and highly unconstitutional which defeats the spirit of transparency in the proceedings held before the State Commission and therefore does not stand to the scrutiny of law;
c) By an appropriate writ, order and/or direction, quash and set aside the resolution dt. 4th of September 2018 passed by the respondent
The central legal point established is the requirement for a petitioner to prove bonafides and public interest in a PIL, and the question of whether a Minister of the State is considered 'Government'....
without making the suitable adjustment/transfer of the employees of the Andhra Pradesh Administrative Tribunal to the Hon’ble High Court and without taking a decision on the transfer of cases pending....
Procedural technicalities should take a back seat in public interest litigation, and the principles of issuing a writ of mandamus and the need for a demand for performance before its application are ....
Public Interest Litigation must meet strict bona fides and credential requirements to prevent misuse for personal gain.
Public Interest Litigations must serve genuine public concerns, not personal grievances, ensuring judicial resources are reserved for cases of true societal impact.
Courts should adopt a liberal approach in entertaining public interest litigation in issues pertaining to good governance and emphasize the importance of following principles of natural justice.
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