Ahmedabad: Gujarat High Court on Tuesday dismissed a PIL which had demanded that expenses incurred by the state government on the three-day `Sadbhavna` fast of Chief Minister Narendra Modi be recovered from Modi himself, or from the ruling BJP.
The division bench of acting Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala said the court was not competent to go into the question whether government can spend money for a public purpose, or whether the decision was wise or not. The PIL filed by Rajesh Mota alleged that Rs 100 crore were spent on Modi`s fast.
The court held that expenditure on the function fell in the purview of the executive government, and there was no need for the judiciary to interfere. Judicial intervention is permissibly only when government`s action is unconstitutional, the court said.
"If such questions are allowed to be raised before court, all expenditure of the state can be called into question, both as to the nature and extent thereof, in which event the functioning of the government itself will be hampered," the court bserved.
The judges said, citing a Supreme Court observation, that people should either vote out the leaders who do not fulfill promises, or resort to the path of Satyagraha, but filing PILs was no solution.
"If court begins entertaining such applications, it would not only disturb the delicate balance of powers between the three wings of the State, but would also strike at the very basis of our democratic polity," the judges observed.