Without Representation To Elected Representatives, PIL Unsustainable: Madhya Pradesh High Court Junks Plea Seeking Asphalt Road In Village

The division bench comprising Chief Justice Ravi Malimath and Justice Vishal Mishra observed that there was nothing on record to show that the petitioner had addressed his grievances to the elected representatives.

"Merely, filing of the representation to the respondent authorities asking for construction of road is of no help to the petitioner. The petitioner showing himself to be a social worker has filed this writ petition but there is no documents filed by him to show that he has ever approached the elected representatives i.e. Member of Parliament or Member of Legislative Assembly for redressal of his grievances. The elected representatives are duty bound to redress the grievances of the citizens. They are the persons who are responsible for taking care of construction of roads etc. in the interest of public at large."

The petitioner described himself as a social worker and said he is a resident of the village Ahir Tola. His grievance was that the residents of his village were facing problems due to a kuchcha road connecting their village to another. The residents wrote several letters to the authorities asking for the construction of pukka road but to no anvil, as per the PIL.

Examining the submissions of parties and documents on record, the court found the petition to be unsustainable. It observed that no relief could be extended to the Petitioner as he ought to have approached the elected representatives with his grievance.

"In absence of any representation or approaching their elected representatives i.e. Member of Parliament or Member of Legislative Assembly, the petition itself is unsustainable. The Courts cannot issue any direction for construction of roads under Article 226 of the Constitution of India. Under these circumstances, no relief can be extended to the petitioner."

With the aforesaid observations, the Court held the petition to be sans merit and accordingly, the same was dismissed.