HC dismisses PIL that sought code of conduct for elected representatives

MUMBAI: The Bombay high court on Wednesday rejected a petition that asked the bench to lay down a code of conduct for legislators that would require them to operate from specified offices in their constituency, observing that public interest litigation (PIL) serves as a powerful tool to seek justice and should not be used to demean the dignity of public office.

A bench of acting chief justice Nitin Jamdar and justice Arif Doctor also underlined that the primary focus of elected representatives was to fulfil their duties effectively regardless of their location. “Ultimately the measure of their performance lies in how effectively they contribute to the overall welfare of society. It is the substance of their actions and their impact on people’s lives that truly matter, rather than the physical location from which they conduct their responsibilities,” the bench said.

Activist Bhagwanji Raiyani, 85, approached the high court last year to seek directions to formulate a code that would ensure the maximum presence of elected representatives in their offices in their constituencies.

Raiyani also wanted orders to install biometric gadgets at these offices to track how long legislators were at their offices and proposed a monitoring panel comprising judges to conduct random visits to verify compliance with the code.

The bench said: “Such a general judicial fiat directly encroaching on the freedom of elected representatives to choose the ways of working while within the bounds of constitutional principles cannot be issued unless, for grave and compelling reasons, it is warranted in an individual case”.

The bench said that apart from containing vague and generalised assertions, the PIL had undertones of degrading the institution of elected representatives itself. “While PIL serves as a powerful tool for seeking justice and upholding the rights of the public, it should not be employed to demean or undermine the dignity of public office,” the bench added.

The court added that the primary focus of elected representatives is to discharge their duties effectively, regardless of their location.

The bench said elected representatives play a vital role in representing the interests and aspirations of people. They interact with the public, understand their concerns, and actively participate in the legislative process. Thus, since the duties of elected representatives encompass a wide range of responsibilities and the nature of their roles necessitates a dynamic approach, for which they may need to travel and engage with stakeholders within their constituencies and beyond, it added.