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2024 Supreme(Online)(Chh) 4719

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
LAKHAN SUBODH – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPPIL/17/2024



AFR HIGH COURT OF CHHATTISGARH, BILASPUR WPPIL No. 17 of 2024 Lakhan Subodh S/o Shri Adhar Subodh, Aged About 70 Years R/o House No. 165, LIG, Devrikhurd Colony, Bilaspur, Tehsil-Bilaspur, District-

Bilaspur (CG) ---- Petitioner Versus

1. State of Chhattisgarh Through Its Secretary, Department Of Tourism, Mantralaya, Mahanadi Bhawan, Naya Raipur, District-Raipur (CG)

2. Chhattisgarh Tourism Board, Through Its Chairman, 2nd Floor, Udyog Bhavan, Ring Road No.1, Telibandha, Raipur, District-Raipur (CG)

3. Managing Director, Chhattisgarh Tourism Board, 2nd Floor, Udyog Bhavan, Ring Road No.1, Telibandha, Raipur, District-Raipur (CG)

4. The Department of Public Relation, State of Chhattisgarh Through Its Secretary, Indravati Bhawan, Atal Nagar, Nava Raipur, Raipur, District-

Raipur (CG)

---- Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Ashish Beck, Advocate.

For Respondent No. 1 & 4/ : Mr. Y.S.Thakur, Additional Advocate General.

For Respondent No. 2 & 3 : Mr. D.K.Gwalre, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

14 .0 3 .2024

1. The petitioner has prayed for the following reliefs:

“(i) Call for the relevant records of the case.

(ii) Declare the impugned Cabinet meeting decision dated 10.01.2024 with regard to formulation and implementation of 'Shri Ramlala Darshan (Ayodhya Dham) Scheme as Ultra Vires and unconstitutional.

(iii) Pass appropriate order/direction in nature of writ of certiorari to the respondents quashing and setting-aside the relevant part of impugned Cabinet meeting dated 10.01.2024 which approved and passed 'Shree Ramlala Darshan (Ayodhya Dham) Scheme".

(iv) Declare the impugned 'Shri Ramlala Darshan (Ayodhya Dham)

Scheme as Ultra Vires and unconstitutional.

(v) Pass appropriate order/direction in nature of writ of certiorari to the respondents quashing and setting aside the 'Shri Ramlala Darshan (Ayodhya Dham) Scheme.

(vi) Pass any other order(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”

2. Challenge in this petition is to the Cabinet meeting decision dated 10.01.2024 alongwith the 'Shri Ramlala Darshan (Ayodhya Dham) Scheme (for short, the Scheme) which provides for free Pilgrimage to Ayodhya, Uttar Pradesh, the expenditure on which is to be borne by State exchequer. The impugned Cabinet meeting decision dated 10.01.2024 alongwith the Scheme have been challenged on the ground that they violate the tenet of secularism which is an integral part of the basic structure of our Constitution and democracy. 3. According to Mr. Ashish Beck, learned counsel for the petitioner, so far as the credentials of the petitioner is concerned, the petitioner being a public-spirited person and a social activist, participates in social and community related issues especially on human rights, democratic rights as provided by the Constitution and other laws of the land. The petitioner is member of People's Union of Civil Liberties (PUCL) which is an all-India Human Rights organization working in the field of human rights and civil liberties. The petitioner is also a member and convener of Civil Society Organization named 'Guru Ghasidas Sewadar Sangh (GSS) which works for the rights of marginalized section of society like the Scheduled Castes and Scheduled tribes and migrant and bonded labourers. Before his association with the above-mentioned non-government organisations and Human and Civil rights groups, the petitioner was associated with Political Parties like CPI, CPI(M) and Bahujan Samaj. Party. However, since the year 1999, the petitioner is not a member of any political party. The petitioner had earlier filed as many as three PILs relating to various social issues.

4. According to Mr. Beck, on 03.11.2023, the Bharatiya Janta Party (for short, the BJP), Chhattisgarh State Unit released its manifesto terming the promises made in the manifesto as "Modi ki

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