The Hindu : HC dismisses `frivolous petition'

Online edition of India's National Newspaper
Saturday, Jun 01, 2002

Southern States

Southern States - Karnataka-Bangalore

HC dismisses `frivolous petition'

By Our Staff Reporter

BANGALORE MAY 31. With a view to curb the filing of frivolous public interest litigation (PIL), the Karnataka High Court on Friday dismissed a PIL seeking a direction to forbid the President, K.R. Narayanan, and the Governor of Maharashtra, P.C. Alexander, from contesting the presidential election and imposed a cost of Rs. 5,000 on the petitioner.

A Division Bench comprising the judges, S.R. Bannurmath and R. Gururajan, passed the order without issuing notice to respondent, Union of India, on the petition filed by H.R. Vishwanath, a Bangalore-based advocate. The petitioner stated that the two personalities were not fit to contest the election and become President of India and the court should prohibit them from contesting.

He also sought a direction to amend Article 54 of the Constitution to enable judges and advocates to be a part of the Electoral College to elect the President.

Justice Bannurmath and Justice Gururajan observed that the petitioner had made several untenable averments against two highly-placed dignitaries. The court expressed serious displeasure over the manner in which the petition had been filed.

It observed: "Looking from any angle, this petition deserves to be dismissed, and we do dismiss the petition without issuing notice. With a view to arrest such frivolous writ petitions by way of PIL, we deem it proper to impose a cost of Rs. 5,000 payable by the petitioner to the Chief Minister's Relief Fund within four weeks from today."

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HC dismisses `frivolous petition'