Uttarakhand High Court
WPMS/2260/2022 on 19 September, 2022
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
Office Notes,
reports, orders or
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Date COURT'S OR JUDGES'S ORDERS
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WPMS No. 2260 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. Vivek Shukla, Advocate for the petitioners.
Mr. Yogesh Tiwari, Additional C.S.C. for the State.
In the present writ petition, it is a very sadistic political affair, which is reflected from the pleadings raised by the petitioner. In fact, it is an absolute apparent political interference, which has been made on the directions given by on Mr. Harish Dhami, who happens to be the sitting MLA, from Ward No. 42 Vidhan Sabha Kshetra, Dharchula, Pithoragarh Uttarakhand, who while making communication to the Hon'ble Chief Minister, in relation to the controversy, which was prevailing inter se between the petitioners and respondent nos. 3 & 4, which is a matter sub judice in a proceedings which are being held under Section 4/23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. In fact, while responding to the correspondence made by the sitting MLA, the office of the Hon'ble Chief Minister had made the following correspondence:-
eq[;ea=h dk;kZy; vuqHkkx&1 la[;k&VIP (M)/(B) 891/XXXV-1/2022 (2) fnukad 15/06/2022 In the said communication made by the office of the Chief Minister, being Sankhya-VIP (M)/(B)891/XXXV-1/2022(2) dated 15.06.2022, a direction has been issued, for the purposes of an adjudication of a judicial proceedings under Section 4/23 of the Act, 2007, by way of political dictates.
The petitioner contends that based on the aforesaid recommendations, two impugned orders have been passed on 29.07.2022 & 24.08.2022, which are impugned in the present writ petition.
By virtue of the aforesaid two impugned orders of 29.07.2022 & 24.08.2022, in fact, the directions have been issued for providing protection to the respondent nos. 3 & 4, as well as by the order dated 24.08.2022, the adjournment sought by the opposite party to the proceedings, that the petition herein has been rejected.
After having heard the learned counsel for the parties, though this Court is refraining to make any remark on a judicial side, over the conduct of the office of the Chief Minister, which is uncalled for because the political dictates cannot be permitted to take liberty to govern the judicial proceedings. They will have to visualize their limitation of their exercise of powers.
In that eventuality, while staying the effect and operation of the recommendation made by sitting MLA, on which the office of the Hon'ble Chief Minister has reacted, vide the impugned communication of 15.06.2022, it is hereby directed that the Court of Sub-Divisional Magistrate will independently decide the Case No. 13 of 2021, Pandit Anand Ballabh Joshi & another vs. Suresh Chandra Joshi & others, exclusively, on its own merits, without being influenced by any of the political recommendations, which has been made therein as referred to in the writ petition.
It is absolutely made clear that the Sub-Divisional Magistrate, who has to decide the proceedings under Section 4/23 of the Act, 2007, will not take cognizance to the proceedings at all, on the basis of the aforesaid recommendations, which has to be exclusively decided independently, failing which, this Court will have to exercise its inherent jurisdiction under Article 226 to be read with Article 227 of the Constitution of India, for taking an appropriate action, if the judicial proceedings are governed by political dictates of respondent nos. 5 & 6.
Accordingly, the writ petition stands disposed of.
(Sharad Kumar Sharma, J.) 19.09.2022 AK