In an unusual order, the Madras High Court on Monday (30th March) debarred a petitioner from instituting any public interest litigation in this Court for a period of one year. The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy ordered thus, while hearing the plea of one S. P. V. Paul Raj who sought compulsory medical test of all the candidates contesting...
In an unusual order, the Madras High Court on Monday (30th March) debarred a petitioner from instituting any public interest litigation in this Court for a period of one year.
The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy ordered thus, while hearing the plea of one S. P. V. Paul Raj who sought compulsory medical test of all the candidates contesting in the Tamil Nadu legislative assembly elections.
Taking up his plea, the Court, at the outset, remarked,
"This is utterly a frivolous matter and it is hoped that some degree of responsibility will be exercised before rubbish is thrown at the Court in the future."
Further, the Court noted that the petitioner had instituted public interest litigation since the petitioner desired that all candidates contesting in the Legislative Assembly elections should undertake a compulsory medical test so that 6,29,43,512 voters can be protected from infecting the deadly Covid-19 virus.
Significantly, the Court opined,
"There is no basis for such prayer and there is no need for the candidates to subject themselves to such medical test merely because an odd citizen desires it."
Lastly, dismissing the plea with costs, the Court ordered that the petitioner would remain restrained from instituting any public interest litigation in the Court for a period of one year without first obtaining the leave of the relevant Bench.
Case title - S.P.V. Paul Raj v. The Chief Electoral Officer, Chennai and another [W.P.(MD) No.7078 of 2021]
Read Order