Friday, June 12, 2009

Format PIL Writ for Challenging unconstitutional procedure while appointing Information Commissioners

IN THE HIGH COURT OF JUDICATURE AT XXX
ORDINARY ORIGINAL CIVIL JURISDICTION
PIL WRIT PETITION NO. OF

Mr.ABC .... ……………………………………….PETITIONERS
V/S
THE STATE OF XXX ………………………..RESPONDENTS


INDEX
Sr.NO. DATE PARTICULARS PAGE NO.
1. PROFORMA
2. SYNOPSIS
3. POINTS, AUTHORITIES & ACTS
4. THE PETITION
5. VERIFICATION
6. MEMO OF APPEARANCE
7. MEMORANDUM OF REGISTERED ADDRESS
8. LIST OF DOCUMENTS
9. EXHIBIT ‘A’
10. AFFIDAVIT IN SUPPORT.
11. CERTIFICATE


IN THE HIGH COURT OF JUDICATURE AT XXX
ORDINARY ORIGINAL CIVIL JURISDICTION
PIL WP NO. OF

Name And Address of Petitioners –
Versus
Name and Addresses of Respondent (s)

(IN PERSON).
____________________________________________________________________
Office Notes, Office Memorunda of
Corom. Appendices. Court’s order or Court’s of Judge’s
Direction and prothonarty’s order orders.














IN THE HIGH COURT OF JUDICATURE AT XXX
ORDINARY ORIGINAL CIVIL JURISDICTION
PIL WRIT PETITION NO. OF

Mr.ABC .... PETITIONERS
V/S
THE (Name of Public Authority/s) ….RESPONDENTS


S Y N O P S I S
While filling up Posts of Commissioners at XXX Information Commission in absolute and prima facie violation of Constitutional mandate of Article 14 & 16.









Petitioner No.1
In Person.








IN THE HIGH COURT OF JUDICATURE AT XXX
ORDINARY ORIGINAL CIVIL JURISDICTION
PIL WRIT PETITION NO. OF

Mr.ABC .... PETITIONERS
V/S
THE (Name of public Auth) …. RESPONDENTS

THE POINTS TO BE URGED
1) However we are not inclined to engage in a debate if Information Commissioners so appointed at XXX lacks any of the qualifications as required under the RTI Act.

2) Our only humble submission is that it is an obvious expectation from the Govt that they will give utmost respect to Constitutional mandate of Article 14 & 16 while making Appointments at Public offices, a mandate which represents the Collective wisdom of our Constitutional framers and Law makers.

2) In the present Constitutional democratic set up we all Indians live in, the Laws made and passed by the Parliament and the State Legislatures represents the wishes and ambitions of we the people of India.

It is the Prime responsibility of the Govts and its various instrumentalities to implement and administer the Laws so made by the Parliament and the State Legislatures.

It is even not open to the Supreme Court and the High Courts to act or give judgments in deviation from established laws.

All Statutes or Laws so made and passed by Legislatures is to remedy the ill that has plagued the society. All Statutes comes into being with some policy and objective to be achieved.

Every statutory provision in a Statute comes into being after due deliberation and every letter of the law is employed with great caution and care and with some purpose.

It may be beyond one’s wisdom to anticipate nor it is necessary for one to outline the consequences that may occasion due to patent violation of a statutory provision, for the consequences have already been deliberated at the time of passing of the statutory provision.

It is suffice if one merely seek the bare observance of the letter of the law and the spirit inherent in the letter of the law.

At the same time it is not permissible for one who violates the letter of the law on the pretext of some beneficial advantage that may accrue.

As everyone says that we live in a Rule of Law society. What we really mean by Rule of Law is that the Law which is established must be observed in all the circumstances except in cases where the Law itself is absurd and or arbitrary.

The present case is a demonstrative example of how a State is acting
plainly in complete contravention of established laws.

In doing so, they invariably disregard and undermine the collective wisdom and authority of our Lawmakers. In doing so, the State is acting against the wishes of the Indian people.

Every letter of the Law must be observed with due respect, unless the same is declared by the competent court of Jurisdiction as manifestly arbitrary and or absurd.

The bare act of State in contravention of established laws frustrates the foundation of Rule of Law society.


THE AUTHORITIES TO BE CITED
1. The Constitution Of India.
2. Ashwani Kumar Vs State of BiharAIR 1996 SC2833
3. Jai Narain ram Vs State of UP, AIR 1996, SC 703


THE ACTS TO BE RELIED UPON
1. The Right to Information Act 2005

PETITIONER NO.1

IN PERSON





IN THE HIGH COURT OF JUDICATURE AT XXX
ORDINARY ORIGINAL CIVIL JURISDICTION
PIL WRIT PETITION NO. OF

IN THE MATTER OF
Appointments of Information Commissioners at XXX Information Commission
AND
That not inviting Applications from General Public for filling Post at Information Commissioners constitute prima facie violation of Constitutional mandate as contained in Article 14 & 16 of the Constitution of India
AND
Article 226, of the Constitution of India empowers this Hon Court to issue Appropriate Writ for enforcement of Fundamental Rights as contained in Part Three of Constitution of India.


1. Mr.ABC ………………… .Petitioners
V/S
1. The Name Of Public Auth …………Respondents.

THE HONOURABLE CHIEF JUSTICE AND OTHER PUISNE JUDGES OF THE HONOURABLE HIGH COURT OF JUDICATURE AT DELHI

THE HUMBLE PETITION OF THE PETITIONERS ABOVENAMED MOST RESPECTFULLY SHEWETH


1. The Petitioners states that Petitioner No.1 is an ( very BRIEF INRODUCTION OF PETITIONER)
2. The 1st Respondent is
3. The Petitioners states that-

(a) Section 12(5) says that Info Commissioners , both State and Central, Chief and others, should be person of eminence in Public Life with wide knowledge and experience in Law, Science & technology, Social Service, Management, Journalism, mass media or Administration and Governance.

(b) The petitioners are not inclined to engage in a debate if Information Commissioners so appointed at XXX lacks any of the qualifications as required under section 12(5) of the RTI Act, and our only humble submission is that it is an obvious expectation from the Govt that they will give utmost respect to Constitutional mandate of Article 14 & 16 while making Appointments at Public offices, a mandate which represents the Collective wisdom of our Constitutional framers and Law makers.

(c) Article 14 of the Constitution of India exhorts that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Article 16 of the Constitution of India further exhorts that There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

Article 12. Definition.—In this Part, unless the context otherwise requires, “the State’’ includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

(d) Some SC Judgments:
(i) Appointments made only on the basis of notification put up on notice board without any advertisements in newspapers, without inviting applications from open market and from employment exchange are stage managed by authorities in flagrant breach of Article 14 & 16.[Ashwani Kumar Vs State of BiharAIR 1996 SC2833]

(ii) Right to seek appointment to a Post under Article 14 read with Article 16(1)& (4) is a Constitutional right to equality......... [Jai Narain ram Vs State of UP, AIR 1996, SC 703]

(e) According to information obtained by inspection of Records , while filling up Post of Information Commissioners at XXX, no applications from General Public has been invited.

(f) In the circumstances, prima facie violation of Constitutional mandate of Article 14 & 16 can safely be presumed.

(g) In Karkare vs. Shavde (AIR, Nagpur, 1952, p. 330), Masehullah vs Abdul Rehman (AIR, Allahabad, 1953 p. 193) etc. Courts have held that any private citizen can file a petition of Quo Warranto to challenge the appointment of a public official even though his personal rights are not directly affected.

4. The Petitioners states that there is no other Petition/Application pending in any other court or before the Hon. Supreme Court.

5. The Petitioners states that whenever violation of Statutory or Constitutional provisions are alleged, this Court has Jurisdiction to hear and give authoritative direction. The cause of action has arisen in the State of Delhi, hence this Honourable Court has Jurisdiction to hear and adjudicate the case.

7. The Petitioners rely on Documents, list whereof is annexed hereto.

8. The Petitioners have paid the necessary Court Fee. The Petitioners states that this is a PIL.

9. The Petitioners therefore pray to the Honourable Court:
The Hon Court may please to issue a Writ of Quo Warranto OR Mandamus or any other Writ as they deem appropriate, directing the State of Delhi- that While retaining the existing Information Commissioners till new appointments are made by due process of law, to issue an Advertisement inviting Applications from General Public for filling post of Information Commission. Needless to say, all existing Information Commissioners are eligible for applying for the post like any other Citizen of this Country.
The Appointing Authority then shall appoint the most deserving man while giving due regard to mandate of section 12(5) of RTI Act.

10. In the backdrop of, Many a times conclusive orders of the court are not complied with; and Time and again even courts have shown their inability to monitor implementation of their Orders, The Hon Court while passing Orders, interim or final may direct –"Appellant/Respondents Govt/ Public Authority to update their website about Court's directions so given and action taken in pursuant thereof;
As long as the Appellant's/ Respondent's website doesn't show up details of action taken, non compliance of Court Orders can and should safely be presumed and be alleged."

11) Pass such other and further orders as this Hon’ble Court may deem proper and expedient in the Public interest.

(12) For expeditious hearing of this Petition.

(13) For cost to the Petitioners.

1. Mr.ABC,
Petitioner No.1





VERIFICATION (Notes 2)

I, (name and address),, the Petitioner No.1 in the abovenamed petition do hereby solemnly declare that the contents and what is stated in Paragraph to are true to the best of my knowledge and what is stated in remaining paras to are based on information and belief and I believe the same to be true.


Solemnly declared at XXX )
Aforesaid this Day of , 200 )

Before me






IN THE HIGH COURT OF JUDICATURE AT XXX
ORDINARY ORIGINAL CIVIL JURISDICTION
PIL WRIT PETITION NO. OF
Mr.ABC ....PETITIONERS
V/S
THE name of Pub auth ….RESPONDENTS


MEMO OF APPEARENCE


To,
The Prothonotary & Senior Master
The Hon. XXX High Court,
ZZZ


Sir,
Please enter the appearance of the Petitioner No.1, Mr. ABC in the above Petition in Person.

Our Address for service is as under:

XXXXXXXXXX


1. Mr.ABC , Petitioner No.1



Dated this day of , 200
Petitioner No.1
In Person





IN THE HIGH COURT OF JUDICATURE AT XXX
ORDINARY ORIGINAL CIVIL JURISDICTION
PIL WRIT PETITION NO. OF

Mr.ABC ....PETITIONERS

V/S
THE name of Public Auth ….RESPONDENTS

MEMORANDUM OF REGISTERED ADDRESS



1. Mr.ABC ..Petitioners
V/S
1. The name and address of public Auth ..Respondents.


To,
The Registar General,
XXX
ZZZ

Sir/ Madame,
Be pleased to register our address for service as hereunder:

XXXXXXXXXXXXX

1. Mr.ABC,Petitioner No.1

Dated this day of ., 2009 Petitioner No.1
In Person.





IN THE HIGH COURT OF JUDICATURE AT XXX
ORDINARY ORIGINAL CIVIL JURISDICTION
PIL WRIT PETITION NO. OF

Mr.ABC ....PETITIONERS
V/S
THE name of Public Auth ….RESPONDENTS


LIST OF DOCUMENTS


1. Exhibit “A” to “F “to the Petition.(Relevant News reports if relied on and Correspondence if any prior to the Petition)
3. Documents referred to and relied upon in the Petition. ( Like for example if you have relied upon any document or report which you cannot attach with Petition. In that case you can mention in the petition as you will produce the relevant document or report at the time of hearing and will provide copy of the same to the Court and to the Respondent if they need so. )
Dated this day of . 200.
Petitioner No.1.
IN PERSON.






IN THE HIGH COURT OF JUDICATURE AT XXX
ORDINARY ORIGINAL CIVIL JURISDICTION
PIL WRIT PETITION NO. OF

Mr.ABC ....PETITIONERS
V/S
THE name of Pub auth ….RESPONDENTS



CERTIFICATE

The Present Petition…A BRIEF NOTE WHY THIS Writ Petition IS FILED.
Therefore this Writ Petition is filed for which this Court has Jurisdiction and therefore be placed before the concerned bench as per High Court Rule



Dated this day of . 200
Petitioner No.1
In Person.








IN THE HIGH COURT OF JUDICATURE AT XXX
ORDINARY ORIGINAL CIVIL JURISDICTION
PIL WRIT PETITION NO. OF
Mr.ABC ....PETITIONERS
V/S
THE name of pub Auth ….RESPONDENTS


PETITIONERS’ AFFIDAVIT


I, Mr.ABC, the Petitioner No.1 abovenamed, do hereby beg to state on solemn affirmation as under:
1. The petitioners have filed the present petition inter-alia for various reliefs as more particularly set out in the petition. I repeat, reiterate and adopt the statements made in the petition as if the same are incorporated herein and form part of the present affidavit. I crave leave to refer to and rely upon the papers and proceedings in the petition when produced. I state that there is urgency in the matter.
2. In the said circumstances, I say and submit that the petitioners are entitled for the reliefs as prayed for and if the same are not granted, irreparable loss and harm would be caused to the petitioners. I say and submit that this petition be made absolute with cost.
Solemnly affirmed at Bombay, ) Before Me,
This day of . 200
PETITIONER NO.1
In Person




Writ Petition Under Article 226 of Constitution of India.

IN THE HIGH COURT OF JUDICATURE AT XXX
ORDINARY ORIGINAL CIVIL JURISDICTION
PIL WP NO. OF


Mr.ABC……………..…PETITIONERS
V/S.
Name of Public Auth ………………RESPONDENTS


WRIT P E T I T I O N
DATE THIS DAY OF




Petitioner No.1
IN PERSON

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