Friday, December 9, 2011

A Slap of HC on the face of "Politically Interested Litigation" against the Appointment of Lokayukt in Gujarat

Recently on failure to deposit the penalty costs of Rs.25000/- for filing a frivolous litigation, as ordered in the judgment of WRIT PETITION (PIL) No. 129 of 2011, on Dt.14 October 2011 , the Division Bench of the HON. CHIEF JUSTICE MR.BHASKAR BHATTACHARYA and HON. MR.JUSTICE J.B.PARDIWALA of Gujarat High Court has further passed an order to issue a bailable warrant against the litigant petitioner lawyer Mr. Asok Pande, if he fails to comply with the order further within a week from 8th December 2011. As it is previously discussed, the Petitioner Lawyer Mr. Pande had sought removal of Gujarat governor after chief minister Narendra Modi wrote a letter to the prime minister to recall her from her office, for appointing justice Mr. R A Mehta as Lokayukta without his consent. The Petitioner Lawyer had contended with the so-called supremacy of the Chief Minister Mr. Narendra Modi that the governor's appointment itself was illegal because Modi's consent was not taken before her appointment.And after hearing all the parties to this writ petition finally On October 14 this year, a division bench of Gujarat High Court has slapped him in a precedent setting manner, with a penalty costs of Rs.25000/- while dismissing his "publicity interest litigation" or "political interest litigation".

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