SHIVANGI AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners claim to be law students of colleges in Maharashtra and Gujarat. The challenge raised by the petitioners under the garb of this Public Interest Litigation, primarily is to the notification dtd. 19/1/2024 issued by the Government of Maharashtra declaring 22/1/2024 as a public holiday on the occasion of the celebrations of the "Shri Ram-Lalla Pran-Pratishtha Din". The impugned notification is issued by the State Government under Sec. 25 of the Negotiable Instruments Act, 1881 and in exercise of the powers entrusted to it by the Central Government under the notification by the Government of India, Ministry of Home Affairs dtd. 8/5/1968.

(2.) At the outset, we may observe that although the notification dtd. 8/5/1968 issued by the Government of India, is challenged in prayer clause (a), however, the same is not placed on record, nor are there any averments in the memo of the petition specifically assailing the said notification, in regard to the powers which the notification would confer on the State Government.

(3.) The petitioner No.1 has argued the petition. From the tenor of her arguments, she appears to be quite convinced in regard to the case, as sought to be made out by the petitioners in the memo of the petition, in assailing the notification declaring 22/1/2024 to be a public holiday. The petitioners in support of the prayers as made in the petition have made the following submissions:-