GRAHAKA JAGRUTI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution, the petitioner has sought for issue of a writ in the nature of prohibition or direction to the State Government and to the Accountant General in Karnataka from releasing or paying or in any other manner providing any money or fund from the consolidated fund or conten- gent fund of Karnataka to respondents 3 to 14 to proceed and attend the Los Angeles Olympics, 1984 as members of Government delegation.

(2.) The petitioner is a registered Society with an avowed object of protecting the interest of consumers. It has come forward with this petition on the ground that a citizen has a duty under Article 51A of the Constitution to protect public properties. The money that is now ordered to be spent on the delegation consists of respondents 3 to 14 is from the public exchequer of the State and the respondents 3 to 14 not being sportsmen and not connected with sports is any manner in as such as the delegation consists of two Ministers, two officials and 8 members of the Legislative Assembly, therefore it cannot be said that the public money is being spent properly.

(3.) Whether a delegation to Los Angeles Olympics, 1984 has to be sent from the State of Karnataka and if so who shall consist of such a delegation and from what source the money has to be spent are the matters which wholly lie within the executive power of the Government. No doubt, judicial review of executive action is permissible, but there are well accepted exceptions to this. If an executive action is not governed by a statute or rule and if it does not affect a legal or constitutional right of a citizen or a person it will not be amenable to judicial review as the matter will lie wholly within the discretionary power of the Government. In the instant case also it is not possible to hold that the executive action of the State Government in sending the delegation to Los Angeles Olympics, 1984 affects or has affected a legal or constitutional right of a citizen or a person, nor it is opposed to any provision of law. Therefore, it is not possible to hold that such an action is amenable to judicial review.