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2022 Supreme(Bom) 540

DIPANKAR DATTA, M.S.KARNIK
Janak N. Vyas – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Mr. Subhash Jha a/w Mr. Hare Krishna Mishra i/by Mr. Vishal V. Acharya, Mr. Mahesh Jethmalani, Senior Advocate with Mr. Gunjan Mangala i/by Mr. Rupesh Lanjekar.
For the Respondent:Mr. Ashutosh A. Kumbhakoni, Advocate General with Mr. Akshay Shinde, “B” Panel Counsel and Ms. Jyoti Chavan, AGP.

JUDGMENT :

1. These two writ petitions, invoking the Public Interest Litigation (hereafter ‘PIL’, for short) jurisdiction of this Court under Rule 4 (e) of the Bombay High Court Public Interest Litigation Rules, 2010 (hereafter “the PIL Rules”, for short) raise common questions; hence, they are disposed of by this common judgment and order.

2. In PIL Petition (L) No. 5741 of 2022, instituted by Shri Janak N. Vyas (hereafter “Vyas”, for short,) the following relief is claimed :

    “(a) Issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction declaring the notification bearing No. 1/D-9/2021 dated 23.12.2021 for amending Rule 6 and 7 of the Maharashtra Legislative Assembly Rules, 1960, as unconstitutional and illegal in the eyes of law;

(b) Issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the State Government to not implement notification bearing No. 1/D-9/2021 dated 23.12.2021, as the same is unconstitutional and illegal in the eyes of law”.

3. The facts lead

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