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Madhya Pradesh HC dismisses plea for uniform civil code

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The Madhya Pradesh High Court has dismissed a petition filed seeking directions to the respondent to make uniform law for all citizens of the country/state.

The Petition filed by Dr. Mumtaj Ahmed Khan seeks the following prayer:-

“11.1 To direct respondent to make uniform law for all citizens of country/state. 11.2 To direct respondents to act in furtherance of the directions issued by courts time to time keeping in view Article 141 of the Constitution of India. 11.3 To pass any writ/order/or direction in the given or changed circumstances of the case in the interest of justice.”

The plea of the petitioner is that a uniform law be enacted to bring about a Uniform Civil Code for all citizens of India.

A specific question was asked to the counsel as to whether the Courts could issue a mandamus to direct the State to enact a law. He very fairly submitted that there cannot be a mandamus to direct the State to enact a law. He further submitted that in view of the judgment of the Supreme Court in the case of Mohd. Ahmed Khan vs. Shah Bano Begum, 1985 (2) SCC 556 and in the case of Sarla Mudgal Vs. Union of India, AIR 1995 SC 1531, a Uniform Civil Code is required to be enacted.

However, the question is still answered by the learned counsel to the effect that notwithstanding the same, there cannot be a mandamus to direct the State to enact a law. In view of the same, no relief should be granted to the petitioner.

The Division Bench of Chief Justice Ravi Malimath and Justice Vishal Mishra observed that, however, the question is still answered by the counsel to the effect that notwithstanding the same there cannot be a mandamus to direct the State to enact a law.

“In view of the same, no relief should be granted to the petitioner. The writ petition is accordingly dismissed.”

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