Legal Question in Administrative Law in India

i am a new elected panchayat member.in panchayat house i found that Talati is not maintening records according to bylaws of panchayatraj.i complain so many times to all upper authorities like D.D.O,T.D.O,COLLECTOR and Vikas commisner. though there is no action taken against Talati,So can i take any legel action against all authorities or can i file PIL in highcourt ?your answer is that you may approach the high court seeking writ of mandamus but my advocate told me that single person or panchayat member can't go for such writ.he told me to get signatures from local peoples of villege and file the writ.My question is that why panchayat member or single person can not go for legal action in this matter ?


Asked on 5/20/12, 9:02 am

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Hello

Every citizen of nation has locus standi to file PIL in the Court. Only parameter which are laid is that such PIL must not be a colorable exercise, or for private, ulterior or oblique motive. So a member of panchayat house, you can certainly file a PIL seeing direction against the authorities to function. Very recently i filed a PIL on behalf of a president of panchayat, against Essar Company and government and we got the matter admitted and also secured injunction against company.

I am not sure why your advocate says no, but accordingly to my opinion, you can certainly file a PIL. I practice in High Court of Gujarat and also appear in Supreme Court, and have filed many such PIL, there is no embargo.

Feel free to contact.

Vivek N Mapara

Attorney-At-Law

www.vnmlaws.com

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Answered on 5/27/12, 2:01 am


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