The Meghalaya High Court today said that it does not interfere in the day to day administration of the government unless there is gross failure of administration, action or inaction which affects the public at large and requires the intervention of the court.
The division bench of Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh gave this observation while disposing a PIL filed by Baniarap Snaitang who stated that a particular stretch of the road from Phlangwanbroi to Khliehriat and from Pomblang to Laitumsaw of Mawphlang-Balat road has not been repaired and needs attention.
Stating that PIL is an extraordinary remedy, the High Court said that PIL is different from the ordinary remedy available in law.
“When a person, a group or a section of the society is aggrieved by any action or inaction of the State and is unable himself or herself or by themselves to approach the court for remedy, for lack of education, awareness, economic power or social standing, a philanthropic person initiates litigation for their benefit. The court usually does not interfere in the day to day administration of the government. It only interferes if there is gross failure of administration, there is such action or inaction on its part which affects the public at large and requires the intervention of the court or it is so controlled by wrongdoers that action cannot be expected,” the division bench said.
“If the court is to monitor the day to day administration of the government, it is not compatible with the functions and duties of the court. Further, it would be left with no time to do regular judicial work,” the High Court added.
Stating that the government has taken steps to repair the Mawphlang-Balat road, the High Court asked the petitioner “to be a little patient” and wait for the government to take remedial action with regard to the stretch between Phlangwanbroi to Khliehriat and Pomblang to Laitumsaw.
“We dispose of this PIL by directing the respondents to pay attention within a reasonable time to the above stretch while carrying out its repair work of Mawphlang-Balat road,” the court said in its order.
