38.6c New Delhi, India, Sunday, May 19, 2024
Judiciary

“Based on random google searches; loose and generalised statements”: Bombay HC dismisses plea to lower down salaries of MLAs [Read Order]

By Rintu Mariam Biju      17 January, 2024 02:55 PM      0 Comments
Based on random google searches loose and generalised statements Bombay HC dismisses plea to lower down salaries of MLAs

The Bombay High Court recently rejected a plea which asked to lower down the salaries of MLAs to the average level of those of other States’ MLAs salaries, i.e., Rs.1,15,000/- per month. The plea had also sought a direction to reduce the perks provided to MLAs and Ex. MLAs. 


A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S. Doctor took exception to how the petition was largely based on random google searches and various newspaper articles. The Bench also expressed its strong approval against loose, unsavory and generalised statements made in the plea. 


“Additionally, we must note that the Petition is only replete with (what is stated to be) the results of random Google searches and has annexed to it various newspaper articles regarding poaching of elected representatives by political parties, alleged horse trading of MLAs and security personnel provided to VIPs. The Petitioner has in the grounds gone on to make various absolutely generalized statements in respect of the MLAs, basis which certain most unsavory comments have been made by the Petitioner against all MLAs in general. We must express our strong disapproval to such loose, unsavory and generalized statements.”


Advocate PH Kantharia, the Government Pleader, raising preliminary objections, submitted that the issue had already been decided by this Court in the case of Shree Sandeep Pandurang Patil Vs. The State of Maharashtra & Ors.  She submitted that even another PIL raising a similar challenge was filed which was also dismissed by this Court. 


The Court noted that the petitioner did not make any legal submissions in support of the plea, nor did he answer the query of the Court as to how the Petition was maintainable in view of the High Court’s earlier judgements. 


“Additionally, we must express our strong disapproval for the manner in which this Petition has been filed and presented. A perusal of the Petition shows that the same does not contain a single legal ground in support of the reliefs which have been prayed for. In prayer clause (f) of the Petition, the Petitioner has specifically sought for repealing of amendments which are carried out in Legislative Members’ salaries and allowances from the year 2020. The same is nothing but a challenge to the constitutional validity of the Maharashtra Act No.XXXII of 2016”, the judgement added. 


The Court held that since the petitioner had challenged the constitutional validity of Maharashtra Act No. XXXII of 2016, he should’ve ideally submitted the following:
• that the legislature lacked the competence to enact such amendments and 
• that the amendments were in violation of any of the provisions of the Constitution of India. 


“The Petitioner is required to make submissions in law and not give his opinion to the Court”, the Bench observed. 


The Court also referred to the Supreme Court decision in Ashok Kumar Pandey Vs. State of West Bengal & Others that no litigant has a right to unlimited draught on the Courts and easy access to justice should not be misused as a license to file misconceived and frivolous petitions.

 

[Read Order]



Share this article:

About:

Rintu Mariam Biju graduated from the National University of Advanced Legal Studies, Kochi after comp...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Kedarnath Movie: Bombay High Court Dismisses PIL To Stay Release Kedarnath Movie: Bombay High Court Dismisses PIL To Stay Release

The Bombay High Court on December 6, 2018, dismissed a petition filed against upcoming movie Kedarnath seeking a direction to stay the release of the movie

Husband Can Also Claim Alimony/Maintenance From Wife: Bombay High Court Orders Woman To Pay Alimony To Ex-Husband [Read Order] Husband Can Also Claim Alimony/Maintenance From Wife: Bombay High Court Orders Woman To Pay Alimony To Ex-Husband [Read Order]

Husband Can Also Claim Alimony/Maintenance From Wife: Bombay High Court Orders Woman To Pay Alimony To Ex-Husband || "It is open for the court to decide the application filed by the husband under Section 25 of the 1955 Act, seeking monthly maintenance, by way of final proceedings, pending which, the application for interim maintenance filed under Section 24 of the Act of 1955, has been rightly entertained by the learned Judge and the husband has been held entitled to interim maintenance while the proceedings under Section 25 are pending," she noted.

Maharashtra Cabinet Minister Nawab Malik Approaches Supreme Court Against ED Arrest After Bombay High Court Refuses Relief Maharashtra Cabinet Minister Nawab Malik Approaches Supreme Court Against ED Arrest After Bombay High Court Refuses Relief

Maharashtra Cabinet Minister Nawab Malik Approaches Supreme Court Against ED Arrest After Bombay High Court Refuses Relief || "There is something or the other going against every leader of the NCP, Congress and Shiv Sena... Prime Minister Narendra Modi has one thing in mind: he wants BJP rule from Kashmir to Kanyakumari, irrespective of the wishes of the people," Pawar said.

Salman Khan Approaches Bombay High Court Challenging Summons By  Lower Court Against Complaint of a Journalist Salman Khan Approaches Bombay High Court Challenging Summons By Lower Court Against Complaint of a Journalist

The magistrate court issues the process if it finds prima facie substance in the allegations made in the complaint. Once the process is issued, the accused persons have to appear before the court.

TRENDING NEWS

sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM
delhi-hc-refuses-jackie-shroff-interim-relief-against-youtuber-unfilteredthugesh-for-alleged-personality-rights-infringement
Trending CelebStreet
Delhi HC refuses Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for using "Thug Life" in video on Shroff

The Delhi High Court has refused Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for alleged personality rights' infringement.

18 May, 2024 05:20 PM

TOP STORIES

indian-courts-this-week-law-street-journals-weekly-round-up-of-sc-hcs-may-6-may-10
Trending Judiciary
Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 6 - May 10]

Get the latest updates from India's Supreme Court and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

13 May, 2024 10:29 AM
sc-dismisses-union-govt-plea-against-bail-to-maoist-financer-in-case-of-attack-on-police-party-in-jharkhand
Trending Judiciary
SC dismisses Union govt's plea against bail to Maoist financer in case of attack on police party in Jharkhand [Read Judgment]

SC rejects govt's plea against bail for accused in Jharkhand police attack case, citing absence of violated bail conditions.

13 May, 2024 11:33 AM
supreme-court-upholds-gang-rape-conviction-though-victim-turned-hostile
Trending Judiciary
Supreme Court upholds gang rape conviction, though victim turned hostile [Read Judgment]

SC upholds gang rape conviction despite victim's hostility, affirming witness credibility in criminal trials.

13 May, 2024 12:24 PM
sanatana-dharma-remarks-sc-seeks-response-from-up-maha-ktka-bihar-jamp;k-on-udhayanidhis-plea-for-clubbing-firs
Trending Judiciary
Sanatana Dharma remarks SC seeks response from UP, Maha, Ktka, Bihar, J&K on Udhayanidhi's plea for clubbing FIRs

SC seeks response on Udhayanidhi's plea for clubbing FIRs related to his remarks on 'Sanatan Dharma'.

13 May, 2024 12:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email