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Uttarakhand High Court Dismisses PIL Filed Against Use Of Siren By An MLA, His Family Members With ₹50K Cost

Sparsh Upadhyay
10 Dec 2021 4:56 PM GMT
Uttarakhand High Court Dismisses PIL Filed Against Use Of Siren By An MLA, His Family Members With ₹50K Cost
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The Uttarakhand High Court on Wednesday dismissed a Public Interest Litigation (PIL) petition filed against the use of siren by a Member of Legislative Assembly of the State and his family members with 50,000/- cost.Essentially, the petitioner, one Umesh Kumar had filed the instant PIL aggrieved by the use of siren by a Member of Legislative Assembly of the State (a sitting MLA, who was...

The Uttarakhand High Court on Wednesday dismissed a Public Interest Litigation (PIL) petition filed against the use of siren by a Member of Legislative Assembly of the State and his family members with 50,000/- cost.

Essentially, the petitioner, one Umesh Kumar had filed the instant PIL aggrieved by the use of siren by a Member of Legislative Assembly of the State (a sitting MLA, who was elected in the year 2017) and his family members.

Taking note of the submission of the petitioner that the MLA and his family members have been using the siren since 2017, the Bench of Chief Justice Raghvendra Singh Chauhan and Justice Narayan Singh Dhanik observed thus:

"...no Public Interest Litigation has been filed by the petitioner for the last four years. It is only when the election season has started that a Public Interest Litigation has been filed targeting a sitting MLA."
Therefore, the Court added, obviously, this Public Interest Litigation is highly motivated by political consideration that tantamounts to the abuse of the process of the law, and the process of the Court.

Therefore, the Court dismissed the PIL petition by imposing a cost of Rs.50,000/- upon the petitioner, to be deposited with the Uttarakhand High Court Bar Association Welfare Fund.

The Registrar (Judicial) has been directed to inform the District Magistrate, Haridwar, whether the said amount has been deposited within the stipulated period of two weeks, or not.

"The District Magistrate, Haridwar is directed to ensure that, in case, the said amount is not deposited with the Uttarakhand High Court Bar Association Welfare Fund within a period of two weeks, he shall recover the said amount as arrears of land revenue," the Court further directed.

Case title - Umesh Kumar v. State of Uttarakhand and others

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