LAWS(BOM)-2022-3-224

GOWARDHAN Vs. STATE OF MAHARASHTRA

Decided On March 21, 2022
GOWARDHAN Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Respondents waive service. Taken for disposal.

(2.) The Petitioner, member of the Maharashtra Legislative Assembly from Akola-West Constituency, has filed this writ petition challenging the Government Resolution dtd. 16/7/2020, cancelling the list of public works to be carried out in Akola city and replacing them with other works listed in the Government Resolution.

(3.) The main ground of challenge is that the earlier Government Resolution for development works in the city of Akola has been substituted by the impugned Government Resolution only because of change of Government after the general elections and that requisite procedure has not been followed. The Respondent State Government contends that the Petitioner has no personal right to question the impugned decision nor suffered any injury; the impugned decision is in the public interest, having proposed more development works in the City in the same funds; and the challenge of the Petitioner is politically motivated.