"Private Interest Litigation": Madras High Court Dismisses Petition Seeking Enquiry Into Water Users Association Elections
The Madras High Court on Wednesday dismissed a petition filed one Sukumar for forming an Investigation Team under the head of a retired High Court Judge for inquiring into the alleged irregularities committed by the Election officer cum Revenue Divisional officer while conducting the elections to the Water User Association.While dismissing the petition, the bench of Chief Justice Munishwar...
The Madras High Court on Wednesday dismissed a petition filed one Sukumar for forming an Investigation Team under the head of a retired High Court Judge for inquiring into the alleged irregularities committed by the Election officer cum Revenue Divisional officer while conducting the elections to the Water User Association.
While dismissing the petition, the bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala observed that the petition was not one for public interest but was a "private interest litigation". The court also held that a direction for investigation by a retired Judge cannot be issued unless it is determined that the matter requires serious investigation or is of great public interest.
"A direction to cause enquiry or investigation by a retired Judge of this Court, cannot be given without first drawing to the conclusion that the matter needs such serious examination and it can be only after modification of facts which would require entering into appreciation of facts, going beyond the jurisdiction of this Court...
It is not a case whether the engagement of a retired Judge of this Court is required to have settlement of serious disputes or their engagement in some matters is of great public interest and therefore, a Commission or their monitoring is required, but as a matter of election having no such issue which may affect the public peace or requires engagement of a retired Judge of this Court."
The Court while dismissing the petition observed that the petition was not one of public nature. It appeared to have been filed with a private motive, in that the petitioner's father's nomination was rejected by the respondent.
Case Title: P. Sukumar v. The State of Tamil Nadu and others
Case No: W.P 11679 of 2022
Citation: 2022 LiveLaw (Mad) 244
Counsel for Petitioner: Mr.N.Ponraj
Counsel for Respondents: Mr.P.Muthukumar, State Govt. Pleader assisted by Mrs.R.Anitha, Spl.G.P.
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