Nexensus

Nexensus

RIGHTS.

RIGHTS.

@TRUTHTRUTH96095

Feb 26

The Honoruable #SupremeCourt Court of India under #Article32 of the #ConstitutionofIndia. #INTERIMAPPLICATION #iA #STAYGROUNDS / GROUNDS FOR INTERIM RELIEF 1.Prima Facie Case The impugned State legislation is prima facie unconstitutional, being violative of: Part IX of the Constitution of India, the 73rd Constitutional Amendment, and Article 243A, which recognizes the primacy of the Gram Sabha. The conferment of power to effect alteration of village boundaries and merger of villages without prior consultation or consent of the Gram Sabha amounts to a direct violation of the mandatory constitutional procedure prescribed under the Constitution. 2. Irreparable Injury Once villages are merged: local self-government representation is altered; reservation and electoral ward structures are disturbed; allocation of local resources and financial distribution undergo permanent change. Even if this Hon’ble Court subsequently strikes down the impugned law, the above consequences are irreversible and incapable of being fully restored. Such irreversible consequences would cause permanent damage to the political and democratic rights of the rural population. 3. Balance of Convenience If interim stay is granted: no irreversible or irreparable prejudice will be caused to the State; only the existing status quo will be maintained. However, if interim relief is denied: the impugned law would be fully implemented; permanent administrative changes would be effected without public participation; the final adjudication by this Hon’ble Court would be rendered purely academic. Therefore, the balance of convenience lies wholly in favour of the petitioner. 4. Protection of Status Quo Ante During the pendency of a constitutional challenge, failure to protect the status quo ante would result in serious and immediate erosion of the constitutional framework of grassroots democracy, even if only temporarily. 5. Violation of the Basic Structure – Necessity of Urgent Interim Relief Grassroots democracy, decentralisation of power, and people’s participation form integral components of the Basic Structure of the Constitution. When such foundational constitutional values are threatened, grant of immediate interim stay becomes a constitutional obligation of this Hon’ble Court. 6. Colourable Exercise of Power and Abuse of Authority The use of executive or legislative power to neutralise constitutionally protected Panchayati Raj Institutions amounts to a colourable exercise of power and abuse of authority. Permitting such actions to continue would render the present constitutional challenge infructuous. 7. Public Interest and Democratic Morality The present proceedings are: not in furtherance of any private or personal interest; instituted purely in public interest; aimed at protecting democracy at the village level, which constitutes the foundation of the constitutional scheme. Accordingly, grant of interim relief is imperatively required in the larger public interest. 8. Therefore In view of the foregoing grounds, it is most respectfully prayed that this Hon’ble Court may be pleased to: a) grant an Interim Stay of the operation and implementation of the impugned State legislation; b) stay all actions, notifications, and proceedings relating to village merger or alteration of village boundaries undertaken pursuant to the impugned law, pending disposal of the Writ Petition; c) direct maintenance of status quo ante; d) pass such other or further interim orders as this Hon’ble Court may deem fit and proper in the interest of justice. This document is intended to be filed as an Interim Application (IA) along with the Writ Petition under Article 32 of the Constitution of India. Both Interim Stay and Status Quo Ante reliefs are expressly and clearly sought. @rashtrapatibhvn @VPIndia @PMOIndia @narendramodi @lokbhavan_tn @CMOTamilnadu @mkstalin @PIB_India @pibchennai @mopr_goi #TamilNadu

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Bombay HC rejects Lilavati Trust's interim application against HDFC Bank in ₹1,000 crore dispute