JAI KISHAN YOGI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition under article 226 of the Constitution of India has been filed by Jai Kishan Yogi -advocate of Jaipur. It has been alleged that the petition is being filed in public interest, in order to secure thorough probe and accountability in respect of the ongoing episode involving the present Chief Secretary and Cabinet Minister -Devi Singh Bhati. It has been further stated that the people in the State during last several months have been informed about the episode through disclosures in the local and national press. It has also been stated that in the alleged episode present Chief Secretary Shri Devi Singh Bhati, Cabinet Minister and Shri Narpat Singh Rajvi, a sitting Legislator and BJP General Secretary in the State are involved. It has been alleged that some letter was written by Shri Narpat Singh Rajvi, General Secretary of B.J.P. levelling charges of financial irregularities in relation to Bisalpur Project in the State on which some probe was ordered by the Chief Secretary. It has been further alleged that the order passed by the Chief Secretary for enquiry in the matter was seriously opposed by Shri Devi Singh Bhati. From the facts stated above, it appears that the facts giving rise to this alleged public interest litigation relates to internal matter of the State Government and BJP. The relief which has been sought in this petition is that this Court should order a CBI investigation into the matter. I have heard Shri Jagdeep Dhankar, Senior learned Counsel who appeared on behalf of petitioner and also the B.P. Agrawal, learned Advocate General of Rajasthan. After hearing the counsel for the parties and the perusal of entire material on records, I am of the opinion that the controversy relates to the internal dispute between the BJP and the State Government. I am of the view that the petitioner has also not been able to satisfy the Court on the question of locus -standi. I fail to understand how an advocate can be interested about the internal in fighting within a party are the Government. And I am also of the opinion that by filing this petition, he has not spoused any cause of public interest. The controversy involved relates regarding the working of the Chief Secretary and the Government of the State and internal in fighting in the BJP. I am of the opinion that in this case the Hon'ble Court should not interfere and moreover there is no material which requires any direction to be issued for any investigation by the CBI. The matter relates to the dispute between the Minister and the Chief Secretary and one of the MLA of the State Legislature. This matter can be decided by the Chief Minister or by the Leaders of the BJP. For the reasons stated above, I am also of the opinion that no case has been made out for issuance of show cause notice to respondent, as no prima -facie case has been made out. In my opinion, no public interest is involved, in the instant case and the petition deserves to be rejected summarily. The petition is accordingly dismissed inlimine.