Madhya Pradesh High Court
Stanley John Lewis vs The Prime Minister Of India on 2 November, 2015
HIGH COURT OF MADHYA PRADESH, JABALPUR
Writ Petition No.18685 of 2015
Stanley John Lewis
Vs.
Prime Minister of India & others
Present : Hon. Shri Justice Rajendra Menon
Hon. Shri Justice C.V.Sirpurkar
Petitioner present in person.
Shri J.K.Jain, learned Assistant Solicitor General for
respondent no.3, on advance notice.
Shri P.K.Kaurav, learned Additional Advocate General with
Shri Ashish A.Bernard, Government Advocate for respondent
no.4, on advance notice.
Whether approved for reporting: Yes/No.
ORDER
(2.11.2015) The petitioner claiming to be the President of a particular political party, has filed this writ petition pro bono publico contending that certain promises made by the respondent no.1 in the election campaign held have not been fulfilled, it amounts to cheating and therefore, an FIR be registered against the respondent no.1, and he be 2 prosecuted for various offences as indicated in the petition.
2. The following reliefs are claimed in this petition :-
"(i) It is therefore, prayed that Hon'ble Court may kindly direct respondent no.1 to pay Rs.15 lacs every Indian citizen.
(ii) If respondent no.1 is unable to pay Rs.15 lacs this Hon'ble Court may kindly direct the appropriate authority for F.I.R. Under section 420 (Cheating), 409 (criminal Breach of Trust) of I.P.C.
(iii) To direct Election Commission of India for appropriate action against Bhartiya Janata Party (B.J.P.).
(iv) To direct nodal agencies for the security of the petitioner like as Z plus (Z+).
(v) To direct the appropriate agency for seize passport and bank account of respondent no.1 (Mr.Narendra Modi, Prime Minister of India).
(vi) Any other relief or order or writ
may kindly be issued in the
circumstances of the case in favour of the petitioner alongwith cost of this petition."
3. The allegations levelled in this petition and the relief claimed are not based on violation of any constitutional, statutory provision or law, that being so the reliefs as claimed for cannot be granted in this petition under Article 226 of the Constitution of India.
4. So far as the relief regarding action to be taken in the matter of un-earthing of black money from the bank accounts in foreign countries are concerned, Shri P.K.Kaurav, learned Additional Advocate General invites our attention to 3 certain proceedings being held before the Hon'ble Supreme Court in Writ Petitions (Civil) No.176/2009 (Ram Jethmalani & others Vs. Union of India & others) and submits that the said question is sub judice before the Hon'ble Supreme Court. That being so when the matter is sub judice before the Hon'ble Supreme Court, this Court cannot interfere into the matter.
5. Keeping in view the aforesaid position, we find that this petition is wholly mis-conceived and no case is made out for exercising our extraordinary jurisdiction in a petition under Article 226 of the Constitution of India.
6. Therefore, this petition is dismissed.
(RAJENDRA MENON) (C.V.SIRPURKAR)
M JUDGE JUDGE