Madhya Pradesh High Court Dismisses PIL Seeking Direction To CM To Not Make Any Promises To Public Due To State's 'Shabby' Financial Condition

Observing that it is a settled position that a PIL on the basis of newspaper reports is not maintainable, the Madhya Pradesh High Court has rejected the petition seeking a direction to the Chief Minister of the state to stop making any promises to the public due to alleged shabby financial condition of the State exchequer.

The division bench of Justice S.A Dharmadhikari and Justice Hirdesh said, "this Court finds no reason to entertain the petition and the same deserves to be and is hereby dismissed. However, petitioner is at liberty to approach this Court again by placing on record cogent documents which substantiates the grievance raised by the petition in the instant petition and not solely on the basis of newspaper cuttings".

Bhattulla Jain, a resident of Barwarni district, filed the petition, stating that he is a Tax Practitioner by profession and also a social worker. He said 82% of the income in the State budget is spent on paying salary, pension and interest and the government is in debt of more than its annual budget.

The situation is so dire that the government is taking a loan every month to pay the interest by mortgaging the properties, which are the heritage of the state, he alleged.

"Due to arbitrary announcements/promises by the Chief Minister, there is always a lack of funds for essential facilities in the State," Jain claimed before court.

He also produced newspaper cuttings showing such announcements and promises made by the Chief Minister.

The petitioner stated that he had given an application under the Right to Information Act to the Chief Secretary, Law and Legislative Affairs Department for getting the information about the provisions under which the Chief Minister of the State has right to make announcements and promises. The court was told the information has not been disclosed yet.

Jain's counsel also referred to news published in Nai Duniya Newspaper and submitted that financial condition of the State "is very shabby since for the second time in this financial year, the government is taking a new loan of 4 thousand crores."

"If the situation remains the same, the State Government can be declared bankrupt at any time. Hence, the present petition may be allowed to curb the situation prevailing in the State," it was argued before the court. 

The court noted that the petitioner has stated that he is a public spirited person, socio-political worker, sports enthusiast, “but no document whatsoever has been filed to show the bonafide of the petitioner.”

"On the contrary, on the basis of newspaper cuttings and copies of communication done under the Right to Information Act with the Government departments, petitioner has come before this Court in the instant Public Interest Litigation," the bench said.

The court referred to the Apex Court’s decision of State of Uttaranchal v. Balwant Singh Chaufal & Others wherein it was held, “It is held that before entertaining a PIL, the Courts must prima-facie satisfy itself of the credentials of the petitioner, the correctness of the contents thereof and the special public interest involved in it.”

While rejecting the petition, the bench also referred to some of the High Court judgments including of Vikas Yadav v. State of M.P. wherein it is held that, “no PIL can be filed on the basis of newspaper reports and also looking to the antecedents of the petitioner, the writ petitions were not entertained.”

Case Title: Bhattulla Jain v. State Of MP & Ors.

Advocate Abhishek Tugnawat appeared for the petitioner and Anand Soni, AAG for State

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