The Supreme Court's division bench, comprised of Justices K M Joseph and B V Nagarathna, adjourned the SLP filed in Federation of Retail Traders Welfare Association vs. State of Maharashtra on Friday. Justice Joseph informed the counsel appearing on behalf of the Petitioners that the Respondents had circulated a letter for adjournment. Justice Joseph referred to the court's earlier decision in favour of the Petitioners and stated, "There is an order for no coercive steps in your favour. That will take care of your interest."
Counsel appearing for the Petitioners responded by saying, "It is completely politically motivated, my lords. And the situation now after the change of government in Maharashtra is such that the new government neither wants to be seen supporting it nor opposing it."
The special leave petition was filed in response to the Bombay High Court's decision upholding the validity of Rule 35 of the Maharashtra Shops and Establishment Act, which requires signboards to be in Marathi with Devanagari script on top and the same font size as any other language. The aforementioned Rule 35 has now been incorporated into the main Act as Section 36-A, making it applicable to shops and establishments with fewer than ten employees. The petitions collectively questioned the constitutionality of such a provision as well as the State's ability to impose its official language in matters of trade and commerce. During an earlier hearing, the court was pleased to issue an order prohibiting petitioners from taking coercive action.
The bench, however, declined to issue any orders and adjourned the case.
Case Title: Federation of Retail Traders Welfare Association vs. State of Maharashtra
Citation: W.P. (C) No. 775/2022
Website designed, developed and maintained by webexy