Mumbai, Mar 19 (ILNS) The Bombay High Court has ordered a BJP MLA to deposit a sum of Rs five lakh as security for filing a Public Interest Litigation (PIL) against the Brihanmumbai Municipal Corporation (BMC), for his personal gain.
The Division Bench of Justice Dipankar Dutta and Justice GS Kulkarni passed this order, while hearing a Public Interest Litigation filed by BJP MLA Ashish Babaji Shelar. The Court fixed the matter for further hearing on March 31.
During the hearing, Advocate Dr Sathe, representing the Brihanmumbai Municipal Corporation (BMC), raised preliminary objections in regard to the maintainability of the petition. According to him, the petitioner’s personal interest having been affected by the action of the BMC, he has sought to raise a grievance by filing the PIL.
The Court order said, “We exercise power conferred by Rule 7A of the Bombay High Court Public Interest Litigation Rules, 2010 and direct the petitioner to deposit, as security, a sum of Rs 5,00,000 within a period of seven days.”
According to PIL rules, a petition cannot be filed for any personal gain or personal motive. The security amount is taken by the court to ensure that if the PIL is filed for personal purposes, the amount will go towards the cost of litigation.
Last Year, MLA Shelar had filed a PIL, seeking to streamline the medicines, disinfectants and sanitizers for COVID-19, to prevent profiteering of some people. The plea had claimed that disinfectant procurement by public hospitals should be of the highest standards to ensure the safety of common people, especially the economically-deprived sections of the society. The PIL had alleged that BMC had failed to develop a proper framework for procurement of medicines through a tender process, in line with the norms applicable to civilian hospitals. ILNS/SNG/RJ