The Division Bench of Acting Chief Justice M.M. Srivastava and Justice Mrs. Shubha Mehta of Rajasthan High Court, while dismissing the writ petition filed by Omprakash Solanki, have also imposed a penalty of Rs 25,000/- as penalty.
Omprakash Solanki, a lawyer by profession, had challenged the swearing-in of Smt. Diya Kumari and Premchand Bairwa as Deputy Chief Ministers by filing a PIL in the Rajasthan High Court, Jaipur. The Government of India was also made a party in this petition and the advance copy of the writ petition was given to the office of the Additional Solicitor General of the Government of India as per rules.
Additional Solicitor General Rajdeepak Rastogi, appearing on behalf of the Government of India, appeared before the court and argued that this petition is completely baseless and motivated by ill-will. Rastogi also told the court that the form of oath given in the Constitution has been fully followed but merely writing 'Deputy Chief Minister' does not make the oath invalid. Shri Rastogi presented numerous judicial precedents from the Supreme Court and several High Courts in support of his arguments. The court, agreeing with the arguments of Mr. Rastogi and incorporating those judicial precedents in its decision, dismissed the said writ petition and also ruled that PILs are being misused a lot these days and the present case also falls in the same category which is absolutely ridiculous and without any basis. Rejecting the arguments of Omprakash Solanki who had appeared in the court in person, the court dismissed the writ petition and also imposed a fine of Rs 25,000/- on Mr. Omprakash Solanki.
Thus, due to this decision given by the court, Deputy Chief Minister Diya Kumari and Premchand Bairwa have got a huge relief.
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