Emphaising the importance of integrating Social Audit, the Madhya Pradesh High Court directed an applicant, seeking restoration of his writ appeal due to a peremptory order, to visit a Old Age Home (instead of imposing costs on him). [2026 LiveLaw (MP) 278]

Noting this to be a case to test the concept of social audit, emphasizing it to be the "need of the hour", the bench of Justice Anand Pathak and Justice BP Sharma elucidated:

"Responsible and Resourceful persons of the Society who are occupying important positions in the Department of Administration/Education/ Health/Legal and other related fields including Professionals like Chartered Accountants/ Doctors/ Lawyers etc., to take some responsibility to visit the places (like orphanage/ old age home/ mercy home/ one stop center etc.) where persons with disability/ orphans/ old age people/ victims of the crime and other destitute are institutionalized so that they can come to know about the plight of these inmates and would be able to contribute while raising their standards of living and to create sense of well-being amongst them. Inmates who are living in such institutions would also feel that they are not left out by the society and the society is still eager to take them into its fold. This way, they would come in the main stream also".

Thus the bench directed:

"Therefore, keeping the said spirit, counsel for the applicant is directed to submit a report regarding his visit to Old Age Home, Tilwara Old Age Home, Tilwara Ghat, Jabalpur within fifteen days elaborating their experience and status of old age home with suggestions, if any, in the litigation (W.A. No.2360/2024), which is going to be restored by this order".

A miscellaneous case was filed by the applicant seeking restoration of the writ appeal, which was dismissed due to a peremptory order passed by the division bench on July 18, 2025.

The counsel for the applicant contended that the dismissal of the appeal was neither deliberate nor intentional but occurred due to circumstances beyond his control. Therefore, the applicant contended that they should not suffer prejudice on account of such a procedural circumstance.

The court noted that the applicant's plea appeared genuine and bona fide. Reiterating the settled principle that a litigant should not be made to suffer for the fault of the counsel, the bench held that the present application deserves to be allowed.

While imposing cost on the applicant, the court took note of the suggestion of the applicant's counsel that he could visit Old Age Home, Tilwara Ghat, Jabalpur, with some food items/snacks/fruits of ₹2,000/ and spend time with the inmates. The bench noted:

"This community service of one hour would not only be satisfying to the soul but would also give a message to the people living in these type of institutions that society and its members care for them and that society and its members care for them and that they are not left out by the society".

The court noted that the said suggestion was not punitive in nature and thus directed the applicant to visit the old age home and spend an hour.

While giving such directions, the bench emphasized the concept of Social Audit, noting that "Responsible and Resourceful persons" should visit places including orphanage/ old age home/ mercy home/ one stop centre, etc. The bench noted that such visits would firstly inform the said people about the plight of inmates and secondly would make the inmates feel that they are not left out of society.

Discussing another aspect of Social Audit, the bench observed, "Another important effect of the Social Audit is that Management of those Institutions sometime misbehave or cause mischief to the inmates especially children and females living there and this way, they would always be cautious that the society is keeping eyes over their working".

The bench emphasized that policymakers should come up with a tangible solution. Therefore, the court directed the counsel for the applicant to submit a report regarding his visit to the Old Age home with suggestions, if any.

Thus, the bench allowed the application.

Case Title: PS Mandeliya v State of Madhya Pradesh, MCC-1820-2026

Citation: 2026 LiveLaw (MP) 278

For Petitioner: Advocate Vijay Kumar Shukla

For State: Deputy Advocate General Abhijeet Awasthi

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