Saturday, December 3, 2022

Frivolous plea: Madras High Court bars petitioner from filing PIL for a year

The division bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy passed this order

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The Madras High Court on Tuesday debarred a petitioner from instituting any PIL in this court for a year.

The division bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy passed this order while hearing a petition filed by S.P.V. Paul Raj.

The petition filed under Article 226 of the Constitution praying for the issue of the writ of mandamus directing the respondents to issue the necessary order to carry out compulsory medical test of all the candidates contesting in the ongoing Tamil Nadu legislative assembly elections so that 6,29,43,512 voters can be protected from infecting the deadly Covid-19 virus.

“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,” the court said.

The court stated that the petitioner has instituted a PIL since the petitioner desires that all candidates contesting in the Legislative Assembly elections scheduled next week should undertake a compulsory medical test.

“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,” the court observed.

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The court dismissed the petition with costs and ordered that the petitioner will remain restrained from instituting any PIL in this court for a year without first obtaining the leave of the relevant bench.

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