IN THE HIGH COURT OF DELHI AT NEW DELHI
JAYANT NATH, G.ROHINI,JJ.
CAMPAIGN FOR PEOPLE PARTICIPATION IN DEVELOPMENT PLANNING – Petitioner
Versus
UNION OF INDIA & ANR – Respondents
W.P.(C) 6215/2015
Decided On : 14.07.2015
Public Interest Litigation - Motivated interest - Maintainability of - Petitioner concerned with a political party - Object of the petition relates to the controversy in favour of the political party and not in the interest of public - Petitioner acted as a proxy and the petition is filled with vested interest - Held public Interest Litigation is not bona fide - Writ petition cannot be maintained as a Public Interest Litigation.
G.ROHINI, J.
1. The petitioner claims to be a voluntary organization incorporated and registered as a society under the Societies Registration Act, 1860. It is averred in the writ petition that the petitioner has been taking up various problems of the people of common interest, particularly, issues relating to enforcement of constitutional provisions and furtherance of rule of law.
2. The present petition is filed by way of Public Interest Litigation with the following prayers:
“A. Issue writ of or in the nature of mandamus and/or any other appropriate writ, order or direction declaring that the impugned provisions of clause (3) and (4) of Article 239AA of the Constitution and Section/s 24 and 25 of the Government of NCT of Delhi Act, 1991 limiting and restricting the legislative powers of the Legislative Assembly of NCT of Delhi, except for Entries 1, 2 and 18 of State List-II of Schedule VII of the Consititution, are ultravires the Constitution of India and all effects thereof till date are null and void ab-initio; and B. Issue writ of or in the nature of mandamus and/or any other appropriate writ, order or direction declaring that the impugned section 49 and 52 of the Government of NCT of Delhi Act, 1991 limiting and restricting the executive powers of the Council of Ministers of elected Government NCT of Delhi, except for Entries 1, 2 and 18 of the State List-II of Schedule VII of the Constitution are ultravires the Constitution of India and all effects thereof till date are null and void ab-initio; and C. Issue writ of or in the nature of mandamus and/or any other appropriate writ, order or direction declaring that the Council of Ministers of the elected Government of NCT of Delhi have executive power in all matters of Concurrent list and State List-II of the Schedule VII of the Constitution as is provided for in the Constitution in the case of the other States, except for entries 1, 2 and 18 of the State List reserved in the favour of the Union of India; and D. Issue writ of or in the nature of mandamus and/or any other appropriate writ, order or direction to the respondents to consider and to give its comments and suggestion on limiting and restricting the executive and legislative power of intervention of the Union of India in subject matters of Entries 1, 2 and 18 of the State List – II of Schedule VII of the Constitution only to the area falling within the New Delhi district of the NCT of Delhi; and to confer full power, authority and jurisdiction to the elected Government of NCT of Delhi for all other areas of falling outside the New Delhi district of NCT of Delhi; and In case the Hon’ble Court is not inclined to grant the aforesaid prayers:
E. Issue writ of or in the nature of mandamus and/or any other appropriate writ, order or direction declaring that the elected Government of NCT of Delhi does not possess power to enter into any contract in its own name or otherwise and/or to institute any suit or initiate any proceedings in its name or otherwise in any manner whatsoever to sue or defend itself in matters relating to and connected with administration of the National Capital Territory of Delhi; and F. Issue writ of or in the nature of mandamus and/or any other appropriate writ, order or direction declaring that the elected Government of NCT of Delhi has no jurisdiction, power and authority of appointment of Legal Officers, Public Prosecutors and Standing Counsels etc. to appear before the Courts and to sue or defend for the Government of NCT of Delhi; and declare all such appointments made by the Government of NCT of Delhi as illegal and all effect thereof be declared null and void ab-initio; and G. Issue writ of or in the nature of mandamus and/or any other appropriate writ, order or direction the respondents to substitute the Union of India in place of the Government of NCT of Delhi as petitioner/plaintiff or respondent/defendant party in all matters and cases pending before the Courts in Delhi an
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