VIVEK KUMAR LAKHERA Vs. STATE OF MP

JUDGEMENT

(1.) Heard. The petitioner, who is an Advocate, has challenged the appointment of the respondent Nos. 3 to 13 in Vidhan Sabha, Bhopal and prayed for their removal from service and for a direction to recover the money paid to them by way of salary and other emoluments.

(2.) The main contention of Shri Shrivastava, learned counsel for the petitioner is that the respondents have neither applied for those posts nor have any eligibility to hold the post to which they have been appointed and, therefore, the petition is entitled to be maintained as public interest litigation because public money has been spent wrongly and appointments have been made at the cost of persons who might have been eligible. Moreover according to the learned counsel for the petitioner there is a report prepared by a retired High Court Judge to the effect the appointments have been found to be illegal and, therefore, this writ petition should be entertained.

(3.) Mr. R.N. Singh, learned senior counsel for the appointees, Shri VS. Shroti, learned senior counsel and Shri P.K. Kaurav, learned Addl. Advocate General appearing for Vidhan Sabha have opposed this petition as public interest litigation mainly on the ground that the petitioner is a busy body and a stranger to the appointments in question. They have denied the existence of any corrupt motives and submitted that any finding in this regard may be directed to be made by the competent Court or Tribunals empowered to go into the legality of the appointments.