A C DATT Vs. RAJIV GANDHI

JUDGEMENT

(1.) There are some writ petitions which must be dealt with at the threshold. This is one such writ petition. The pendency of such a petition in the High Court could lead to a misunderstanding of this institution which works under the Constitution and may embarrass the position of the Court. There are certain matters which the constitution of India does not permit this Court to enquire into. These are matters which are exclusively to the business of the legislature, and yet there are certain matters which are the business of the Courts. The two ought not to mix. This in short is a very delicate balance which the executive, Legislature and the judicial institutions will have to respect; a discipline which must be adhered to notwithstanding whether it is written in the Constitution or has or will evolve by convention.

(2.) The petitioner is an Advocate of the High Court and has presented the writ petition in person. No court-fee has been paid on the writ petition as, the petitioner has appended an endorsement on the writ petition to the effect; "Public interest litigation and hence no court-fee required: Sd. A.C.Dutt".

(3.) In the writ petition the petitioner in effect claims that the general elections held in 1984 have no sanctity and the formation of a Government as a consequence of the election in 1984 was illegal and the then President of India committed an illegality in calling upon the party successful in that general election to form the Government. There is a prayer that this Court issue a declaration that the Government which has functioned for five years after the 1984 general election be declared as having functioned illegally and simultaneously the President, Vice President and the Prime Minster be dismissed and the Court give a declaration, in effect, that the Council of Ministers which has functioned for five years be bundled out of their offices. This is not all. It is further submitted that the 1989 general election should be stopped. There are the reliefs sought. In the text of the petition is a criticism of the functioning of the Government not the last five years and the petitioner alleges instances of omissions and commissions, which according to him, are the failures of the Government.