PIL Writ Petition Against Indian Rupee Symbol Design Selection Process Dismissed On Territorial Jurisdiction Ground

Thursday, October 21, 2010


PIL Writ Petition Against Indian Rupee Symbol Design Selection Process Dismissed On Territorial Jurisdiction Ground 
Lucknow : One of the Indian rupee symbol design competition participant Mr. Rakesh Kumar Singh had submitted a public interest litigation (PIL ) writ petition in the High Court, the first of its kind last month in Allahabad High Court against cabinet July 15th decision on Indian rupee new symbol design.

As his and nine other RTI activists` RTI's which were filed across India during the last one year,had exposed the violation of guidelines and biased selection process in Rupee Symbol design competition.

On September 16th Hon'ble Allahabad High Court, Lucknow Bench had heard on his PIL writ petition and  later on rejected on  territorial jurisdiction ground.

Down below is Allahabad High Court, Lucknow Bench 16th September, 2010 judgment on Indian Rupee Symbol Design Selection Process

Court No. - 1
Writ Petition No. 9176 (M/B) of 2010 (PIL)
Rakesh Kumar Singh
Vs.
Union of India and others

Hon'ble Pradeep Kant,J.Hon'ble Ritu Raj Awasthi,J.

Power filed by Sri Pratyush Tripathi, on behalf of respondents, is taken on record.

A preliminary objection has been raised by Sri Pratyush Tripathi, learned counsel for Union of India about the maintainability of the writ petition, both in the form of Public Interest Litigation or in individual capacity.

Learned counsel for Union of India says that the issue is not justiciable and the petitioner, himself being a participant, cannot file writ petition in the form of Public Interest Litigation. He also can not claim any relief individually, as no rights of his either fundamental or statutory can be said to have been violated.

He further says that the cause of action or part thereof has not accrued within the territorial jurisdiction of this Court sitting at Lucknow and merely because the petitioner resides at Lucknow, the writ petition can not be filed at Lucknow.

Sri R.S. Tripathi, learned counsel for the petitioner, however, disputes the aforesaid position saying that the petitioner may be an applicant in the matter but since the Jury has not followed the guidelines as prescribed therein for choosing the symbol, therefore, the writ petition is maintainable.
 
Sri Tripathi, however, could not satisfy, as to how the writ petition is maintainable at Lucknow.

In view of the aforesaid circumstances, we are of the view that this Court sitting at Lucknow has no jurisdiction to entertain this petition in the form of Public Interest Litigation merely because the petitioner resides at Lucknow. 

We, therefore, refrain ourselves, from adverting on other issues.Accordingly the writ petition is dismissed, for want of territorial jurisdiction.  Judgment PDF Here

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