S P ANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners have preferred this writ petition against respondents challenging constitutional valididty of insertion of '60 years' in Article 334 Constitution of India in place of '50 years' by the Constitution 79th Amendment Act 1999 from 25-1-2000. They claim to be persons dedicated to the rule of law, therefore, want that this matter be entertained as Public Interest Litigation.

(2.) Registry of this Court has pointed out certain defects in the writ petition, one such being that petitioners have not deposited Rs.2000.00 by way of security as per Division Bench of this Court in S.P. Anand v. State of M.P. and others (W.P. No. 988 of 1999) dated 9-9-1999. They claim that their petition be heard without asking them to remove the defect as to non-deposit of security amount on the ground that this is illegal and without jurisdiction. They cited decisions of Apex Court in M/s. East India Commercial Company Limited Calcutta v. collector of Customs, Calcutta AIR 1962 SC 1893, Smt. Kausalya Devi Bogra v. Land Acquisition Officer, Aurangabad AIR 1984 SC 892, State of Rajasthan v. Prakash Chand AIR 1998 SC 1344, Assistant Collector of Central Excise, Chandan Nagar, West Bengal v. Dunlop Limited (1985) 1 SCC 260 and decision of this Court in Ratanlal Agrawal v. State of M.P. 1967 Jab LJ (Note) 103.

(3.) We are not impressed by the submissions of the petitioners. Petitioner-1 has been filing large number of petitions (PILs) in this Court from time to time. Therefore, he has to remove defects pointed out by the Registry. While dismissing the Writ Petition No. 982 of 1999 by order dated 9-9-1999 (S.P. Anand v. State of M.P. and others), certain guidelines have been laid down when it was noticed that the real purpose of PIL is being abused consistently by various so- called social spirited litigants by invoking extra ordinary jurisdiction of this Court. while proceeding to lay down the guidelines, the learned Judges of Division Bench took guidance from the important observations of the Apex Court in the case of petitioner-1 S.P. Anand v. H.D. Deve Gowda AIR 1997 S.C. 272 which are to the following effect :