Explain As To When Senior Citizens Tribunal Would Resume Its Functioning Physically Or Through Virtual Mode: Bombay HC Asks State Govt. [Read Order]

Arguments put forth

The Court opined that such direction under Article 226 of the Constitution of India to a private Respondent cannot be issued.

To this, the Counsel for the Petitioner submitted before the Court that filing of the present Petition was necessitated because, though the Petitioner could have sought relief under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 from the Tribunal established therein, but due to Covid Pandemic, the Tribunal is not functioning since March 2020.

He stated that in these circumstances, since the Tribunal is not functioning, the Court should issue necessary directions.

He further submitted that the relief prayed for by the Petitioner of eviction of the Respondent would be maintainable before the Tribunal and there are no disputed questions of fact in this matter.

It was also stated that the Petitioner was a Member of Legislative Assembly and also a Cabinet Minister (in the UP Government).

Court's Direction

The Court refused to adjudicate the issue whether the Petitioner can seek this relief before the Tribunal established under the Act of 2007.

"Assuming he can, merely because the Tribunal is temporarily closed, the writ jurisdiction cannot be exercised to issue directions to the private parties and adjudicate the disputed questions of facts. Neither of the party is living in penury, and what is raised before us is a purely domestic dispute."

However, the Court did take note of the fact that the Act of 2007 is a beneficial legislation, and is enacted for providing succour to the senior citizens who may suffer because of the neglect by their children.

The Court further remarked,

"There would be many such senior citizens who would be in the need of immediate redressal. Various authorities have resumed functioning physically or through video conferencing long ago, there is no reason for this Tribunal to continue to be closed."(emphasis supplied)

Therefore, the Court called upon the State to explain as to when the Tribunal would resume its functioning physically or through video conferencing as found fit.

The Office of the Government Pleader was directed to take necessary instructions from the concerned Secretary of the State of Maharashtra in advance so that the statement can be made on the next date.

Registry was instructed to send the copy of this order to the office of the Government Pleader.

The Matter has been listed for further hearing in the matter on Thursday (15^th October) under the caption "for directions".

The Court made it clear that it will not be looking into the inter se dispute between the parties in this Petition and only for the limited purpose of directions to the State, the Petition will be considered.

In these circumstances, the Court stated, the application filed by the wife of the Petitioner need not be entertained and was disposed of.

"However, the Petition will continue only in respect of the above direction to be issued to the State Government", clarified the Court.