Shri Prtap Singh Sahute v. The Ministry Of Road Transport And Highways Transport And ANR

by LAXMIKANT GOPAL CHANDAN Date:

2023.12.20 20:20:29 +0530 LAXMIKANT GOPAL CHANDAN 1 (22) PIL-204.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.204 OF 2023 Pratap Singh Sahute : Petitioner.

Vs.

The Ministry of Road Transport & Highways Transport and anr.

: Respondents.

----- Mr. Pratap Singh Sahute - Petitioner in person. Mr. P. P. Kakade, GP a/w Mr. O. A. Chandurkar, Addl. GP and Mr. M. M. Pabale AGP for the State.

---- CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

DATE : 20th DECEMBER, 2023 P.C. :

Heard the Petitioner who appears in person.

The instant Petition purportedly in public interest has been filed with the following prayers :- "(a) Plaintiff may kindly be allowed to file this present Writ Petition under Article 226 of the Constitution of India in this Hon'ble High Court.

(b) Respondent No.1 directed to remove all Toll Naka's illegally installed after violating the rules and regulation mentioned in the 02 x Articles in force from all National Highway's as well as state with in the territory of India with immediate effect.

2 (22) PIL-204.23.doc (c) Respondent No.2 namely (i) Chief Election Commissioner Mr. Rajiv Kumar (ii) Election Commissioners Mr. Anup Chandra Pandey and Mr. Arun Goel may pleased be directed not to entertain any nomination from from any national and regional politics party in view of coming General Election 2024 and other coming stage elections in the different states for FIVE years, with effect from passing of the order.

(d) Prayer made at Para No.14 & 16 may please be considered at heavy cost. Consequently, services of all the Politician Public Servants (except governor of state and Hon'ble President of India, while acting) will be suspended and disqualify all the Politician Public Servants from holding public offfice for five year as found guilty, politician public servants lost membership of the parliament as well as barred from contesting elections for five years in the present case with immediate effects, same will remain in force with effect of passing of the Hon'ble Court's Order. (e) Any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also kindly be passed in favour of the Petitioner."

When we pointed out to the Petitioner that this Writ Petition in the present form cannot be entertained as the same neither contains appropriate pleadings nor prayers, the Petitioner states that he may be permitted to withdraw this Public Interest Litigation Petition with liberty to file a fresh Petition/PIL.

3 (22) PIL-204.23.doc This Public Interest Litigation Petition is thus dismissed as withdrawn with the liberty as aforesaid. (ARIF S. DOCTOR, J.) (CHIEF JUSTICE)