THE HIGH COURI` OF SIKKIM : GANGTOK Writ Petitiofl (C) No. 27 of 2005 1. Shri Haray Ram pradhan, Son of late L.P. Pradhan, Resident of Development Area, P.O. & P.S. Gangtok, East Sikkim 2. Shri C.B. Chettri, Son of late T.B. Chettri, Resident of Sichey, P.O. & P.S. Gangtok, East Sikkim. -Versus- 1. The state of sikkim through the Chief Secretary Government of Sikkim Gangtok, Sikkim. 2. The secretary, Ministry of I,aw & Justice, Government of India, New Delhi. 4. 5. 6. 7. ... Petitioners. Shri Ran Bahadur Subba, MLA, Chairman, State Trading Corporation of Sikkim, Government of Sikkim, Gangtok. Shri T.T. Bhutia, MLA, Chairman, Power Advisory Board, Ctovemmcnt of Sikkim, Gangtok- Sri N.K. Subba, MLA, Chairman, Denzong Agriculture Cooperative Society, Gangtok. Shri N.K. Pradhan, MIA, Chairman, State Bank of Sikkim and Sikkim State Colporation Bank, Gangtok. Shri B.M. Ramudamu, MIA, Chairman, Silckim Distillerie sLimited , Rangpo, East Sikkin. 8. 9. Shri S.G. Lepcha, MLA, Chairman, Industries, Trade and Commerce Development Board, Gangtok. Shri 8.8. Gooroong, Press Advisor to Chief Minister, Government of Sikldm, Gangtok. 10. Shris.M. Limboo, Political Advisor to Chief Minister, Government of Sikhim, Gangtok. 11, Shrio.T. I.epcha, Political Secretary to Chief Minister Government of Sikldm, Gangtok. 12. Shri Kunga zangpo Bhutia, MLA, Chairman, Sikkim Nationalised Transport Gangtok- 13. Shri Deepak Gurung, MIA, Chairman. Sikkim Time Corporation, Gangtok- 14. Ms. Nimthit Lepcha, MLA, Chairperson, Sikkim Marketing Federation (SIMFED) , Gangtok. 15. Shri B.P. Dhungel, MLA, Chairman, Agriculture/ Horticulture Board , Gangtok. 16. Smt. Manita Thapa, MIA, Chairperson, Tourism Development Board, Gangtok. 17. Shri c.B. Karki, MLA, Chairman, Sikkim Scheduled Caste, Scheduled Tribe a Other Backward Classes Development Corporation , Gangtok. 18. Shri Nor2ang Lepcha, MLA, Chairman, Khadi & Village Industries Board, Gangtok. 19. Shri Dewcho Lepcha, MIA, Chairman, Siklin Industrial Development a Investment Corporation , Gangtok. 20. Shri Gyatso Lepcha, Chairman, Poultry Development Board, Gan8tok. 21. Shri G.M. Bhujel, Chairman, Land Use & Environment Board, Gangtok. 22. Shri c.K. Mohra, Chairman, Scheduled Caste Welfare Board, Gan8tok. 23. Shri passang Rinzing sherpa, Chaimian, Scheduled Tribe Welfare Board, Gangtok- 24. Shri I.B. Gurung, Chairman, Juvenile Justice Board, Gangtok. 25. Ms. BinaRai, Chairperson, Other Backward Classes Board, Gan8tok. 26. Smt. C.C. Sangderpa, Chairperson, Sikkim Consumers' Cooperative Society Ltd., Gangtok. 27. Shri Gagan Rai, Chairman, Tea Board, Temi, South Sikkim. 28. Dr. D.P. Itharel, Advisor, Energy & Power Department, Government of Sikkim, Gangtok. 29. Shri K.B. Rai, Advisor, Roads & Bridges Department, Government of Sikkim, Gangtok. 30. Shri ctopal shamia, Advisor, Transport Department, Government of Sikkim, Gangtok. 31. Shri T.P. Thadhan, Advisor, F`ood Security a Agriculture Development and Horticulture a Cash Crops Development Government of Sikldm, Gangtok. 32. Smt. R. Ongmu, Advisor, Rural Management a Development Department, Government of Sikkim, Gan8tok. 33. Shri B.S. Pant, Adviser, Tourism Department, Government of Sikkim, Gangtok. 34. Shri N. Gyaltshen, Advisor, Ecclesiastical Department , Government of Sildrim, Gangtok. 35. ShriB. R. Rai,Advisor, Water Security & Public Health Engineering Department, Government of Sikkim, Gangtok. 36. Shris. W. Tenzing, Advisor to the Government, Government of Sikkim, Gangtok. 37. Shri Tashi Topden, Advisor to the Government, Government of Sikkim, Gangtok. 38. ShriT. W. Barfungpa, Adviser tl the Government, Government of Sikkim, Gangtok. 39. ShriT. R. Sharma, Advisor, Forest, Environment a Wildlife Management Department, Government of Sikkim, Gangtok. 40. Shri D. B. Subba, Advisor, Irrigation and Flood Control Department, Ctovemment of Sikkim, Gangtok. 41. ShriK. T. Bhutia, O.S.D., Agriculture Department, Government of sikkin, Gangtok .... Respondents. F`or the petitioners : Petitioners in person. For the State Respondents: M/s S.P. Wangdi, Advocate General with J.B. Fhadhan and Karma Thinley, Government Advcmates PREENT: HON'BLB in. JUSTICE A.JOY HATH RAY, CHIEF JrusTICB Arm HON'BLE in. gus'rlcE H. sURJA]IAHI SIHGH, druDGE DnTE oF luDG;amirm : o6m MARCH, 2oo7. v, The Coot: - JUDGMENT 1. This is a public Interest Litigation filed against the state Government and certain other Respondents ty the Fhesident and General Secretary of an opposing political party. 2. The Petition is not filed in representative capacity. No independent non or apolitical citizen of the country is harbouring the cause of the public but only the two above Writ Petitioners. 3. The basic sut]ject of their grievances is that the financial resources of the State are not being properly utilized by the Government in power. The Writ Petitioners would have us examine numerous details and give our opinion on whether the State Govemmcnt expenditure is proper or not. This is not an appropriate subject of Public Interest Litigation. The Court cannot be converted into an accounting arena where an opposing political party can come, raise detailed questions about expenditure, force the Government to answer, and then flash the decision of the Court in newspapers and other public media for the purpose of furthering their political interest. 4. The Court has no politics, favours no particular pontical party and keeps itself clear of all political battles, which are to be fought out by creation of public opinion without the intervention of the Court. However, we recount some of the grievances of the Writ Petitioners which are as follows. 5. First, they submit that Respondent Nos. 9,10,11, 28, 29, 30, 31, 32, 33, 34 and 35 are doing Government work without any post being created A-i'| a for them. The State Respondents answer by saying that these persons are not themselves aggrieved; they do not want any specific service conditions; in these circumstances why should the Court be asked to foist any relief upon them. Wc are of the opinion that the Respondents' answer is good. 6. Secondly, it is said that Chaimen have been put by the State Government on various Boards like the Power Advisory Board, and these Boards have never been ¢created'. In our opinion, the Writ Petitioners suffer from a misapprehension that an administrative board has to be created either by I,egislation or by Gazette Notirication. An executive fiat is quite enough for the purpose. In so far as they submit that these Chairmen, and also other Advisers to the State Government, have been appointed without any purpose and are being paid unnecessarily, we are of the opinion that the State Respondents' answer in this regard is correct, which is, that the pchey of expenditure of the State Government and the necessity of obtaining advice and administrative control, as felt by the State Government, are matters for their decision, and the Court cannot interfere only because there can be two different opinions on the salne issue. 7. It was thirdly made a point that Dasti (by hand) service on the Chalrman of the Scheduled Tribes Board had to be effected after he could not be found in his Office six times when service was previously attempted. In our opinion this proves nothing. We do not know whether the Chairman of the Scheduled Tribes Board is to sit with a computer in his ofrice all the time or go around for doing his work. This point shows lack of merit on the part of the Writ Petitioners. 8. It was fourthly urged that the Respondent No. 7 is a Chaimian without the necessary shareholding qualification and since the Government u, ..*1 holds only 47°/o share in this organization, the Respondent No. 7 should not have been appointed lay the State. The Court cannot be called upon to enter into these detailed facts in what is called a Public Interest Litigation Only. 9. It was fifthly urged that a certain qualified medical doctor is a Chairman in the Energy and Powc'r Department. It was said that he could not be qualified for this Ofrice simply because, one who is a medical man could not be the Chainan of a non-medical ongani2ation. The famous Doctor Bidhan Chandra Roy was the rirst Chief Minister of West Bengal and he is even now remembered for being as great a Chief Minister as he was a Doctor. 10. The state Respondents southt to j.ustify the appointments by making reference to Act 9 of 2006 of this State but we are of the opinion that the grievances made by the Writ Petitioners do not class as a Public Interest Litigation. This is a politically interested litigation and the Court of Law is not a proper arena for it. Public interest does not mean the interest of rival political parties who want to be in power. The Court has nothing to do with this type of Writ Petition and the Writ Petition is dismissed with no order as to costs. ftyfty (Ajoy Nath Ray, CU) •\cAi+i (N.S. Singh, J.)