LAWS(BOM)-1981-9-53

PADMAKAR BALKRISHNA SAMANT Vs. STATE OF MAHARASHTRA

Decided On September 23, 1981
PADMAKAR BALKRISHNA SAMANT Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Questions of considerable public importance are raised in this public interest action initiated under Article 226 of the Constitution by three citizens, one of whom is a former member of the country's sovereign legislative body, tbe Parliament, the other two being former members of the Maharashtra State Legislature.

(2.) These questions have vital significance to the rule of law and the rights and obligations of the Executive enjoined to administer and govern according to the laws of the land and the Constitution of the country.

(3.) Though there are three respondents to this petition viz., (1) the State of Maharashtra, (2) the Chief Minister of Maharashtra and (3) the Union of India, this petition is directed mainly against the first two respondents, there being no dispute that respondent No. 3, Union of India, is a formal party.