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2009 Supreme(MP) 473

A.K.PATNAIK, A.M.SAPRE, A.K.SAXENA
Satya Pal Anand – Appellant
Versus
Registrar General, High Court M. P. – Respondent


Advocates:
Petitioner in person;
A.S. Kutumbale, Additional Advocate General with Ms. Mamta
Shandilya, Panel Lawyer for State;
Piyush Mathur, Amicus Curiae.

ORDER

Patnaik, C.J. -- 1. This is a petition for review of the order of the Full Bench [2008(3) JLJ 361], dated 31.7.2008 in Writ Petition No.5806/2006.

2. The background facts briefly are that Writ Petition No.988/l999 was filed as a Public Interest Litigation (for short "PIL") in this Court challenging the grant and payment of pension to Ex-Legislators of the State of Madhya Pradesh as well as the vires of the M.P. Vidhan Sabha Sadasya Vetan Tatha Bhatta Tatha Pension Adhiniyam. A Division Bench of this Court hearing the PIL found that the issue raised in the PIL had already been settled by another Division Bench of this Court in Raghu Thakur v. State [AIR 1997 M.P. 223], and the grant and payment of pension to Ex-Legislators had been held as intra vires the Constitution and while disposing of the writ petition by order dated 9.9.1999 issued some directions for regulating filing of PIL in this Court. Thereafter, the petitioner filed Writ Petition No.5806/2006 contending that the order dated 9.9.1999 of the Division Bench in Writ Petition No.9881/999 was a nullity inasmuch as it laid down the rules relating to practice and procedure in relation to filing of PlLs under Article 226








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