CHENNAI: Holding that a public interest litigation (PIL) petition is not maintainable on matters relating to the service of government officials, the Madras High Court has dismissed a public interest litigation petition seeking action against IAS officer P Umanath, secretary to Tamil Nadu Chief Minister M K Stalin, for alleged poll code violation.
Citing the Supreme Court order in Hari Bansh Lal Vs Sahodar Prasad Mahto, the first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan said that PIL petitions are not maintainable on service matters. The PIL was filed by A Mohandas of the BJP alleging poll code violation. Senior advocate Ravi Prakash Mehrothra appeared for him.
However, standing counsel for the Election Commission of India, Niranjan Rajagopalan, submitted that the petition did not substantiate the allegations with evidence and noted that a PIL is not maintainable on service matters.
The bench said, “This court, exercising jurisdiction under Article 226 of the Constitution, cannot delve into such disputed fact, solely based on the pleadings unsubstantiated by evidence and it is not permissible for a court to arrive at a conclusion on a factual position merely on the basis of submissions made in course of hearing.”
However, the bench said the order shall not preclude the respondent authorities from passing orders on the petitioner’s complaints on merit and in accordance with the law as expeditiously as possible.