MADHYA PRADESH HIGH COURT
Khalid, J., J
Madhya Pradesh Rajya Karmchari Sangh Nagar Nigam Vibhagiya Samiti District Gwalior v. State of M. P. and Others
Public Interest Litigation
| Table of Content |
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| 1. petition lacks necessary credentials and authorization. (Para 1 , 2 , 3) |
| 2. pils must serve genuine public interest and not personal agendas. (Para 4) |
| 3. caution against misuse of pil; court stresses screening petitions. (Para 6) |
| 4. petition dismissed for lack of public interest. (Para 10) |
1. This writ petition labelled as Public Interest Litigation is at the instance of a retired Municipal Corporation's employee styling himself to be the Secretary of a union claiming to be recognized by the State of Madhya Pradesh.
2. Neither there is any certificate of registration of the aforesaid union with the Registrar, Trade Union, nor approved list of office bearers, wherein the petitioner is shown to be the Secretary of the union, nor there is any resolution of the union authorizing the petitioner to file the instant petition as a Public Interest Litigation. As such, the credentials of the petitioner are doubtful.
3. By this petition direction is sought from this Court that an enquiry being conducted by the Commissioner of the Municipal Corporation, Gwalior pursuant to the letter issued from the office of Chief Secretary, Bhopal dated 27/12/2013, Annexure P / 5, against respondent no. 5 serving as in - charge Office Superintendent and Assistant Accounts Officer in the Municipal Corporation, Gwalior, be withdrawn and indulgence of this Court is sought firstly that respondent no. 6 serving on the aforesaid post and allegedly involved in serious financial irregularities, therefore, should be removed from the office held by him in Municipal Corporation, Gwalior and further direction to respondents no. 1 and 2 to appoint an authority not below the rank of Deputy Secretary, Urban Administration Department, to enquire into the allegations against respondent no. 6. Further relief is sought that the Lokayukta Sangathan be directed to register a case against the culprits on the complaint made by the petitioner.
4. Before addressing upon the aforesaid reliefs sought by the petitioner, it is considered apposite to refer to certain decisions of the Hon'ble Supreme Court dealing with the meaning, scope, concepts of Public Interest Litigation and extent, limit and scope of jurisdiction of the Constitutional Courts while dealing with the Public Interest Litigation in general as well as in particular in the (Madhya Pradesh Rajya Karmchari Sangh, Nagar Nigam Vibhagiya Samiti District : Gwalior v. State of M. P. and Others) context of the subject matter of this petition.
5. In the case of Dr. B. Singh v. Union of India and Others , 2004 (3) SCC 363 in paras 5, 6, 12, 14, 16, 17 and 19 the Hon'ble Supreme Court has held as under: -
"5. It is necessary to take note of the meaning of the expression "public interest litigation". In Stroud's Judicial Dictionary, Vol. 4 (4th Edn.), "public interest" is defined thus: "Public interest."
(1) A matter of public or general interest 'does not mean that which is interesting as gratifying curiosity or a love of information or amusement; but that in which a class of the community have a pecuniary interest, or some interest by which their legal rights or liabilities are affected'."
6. In Black's Law Dictionary (6th Edn.), "public interest" is defined as follows: "Public interest." Something in which the public, the community at large, has some pecuniary interest, or some interest by which their legal rights or (Madhya Pradesh Rajya Karmchari Sangh, Nagar Nigam Vibhagiya Samiti District : Gwalior v. State of M. P. and Others) liabilities are affected. It does not mean anything so narrow as mere curiosity, or as the interests of the particular localities, which may be affected by the matters in question. Interest shared by citizens generally in affairs of local, State or national Government."
12. Public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest an ugly private
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