Court refuses to hear PILS against surya namaskar in schools
MUMBAI: The Bombay high court on Friday refused to entertain two public interest litigations (PILS) challenging a resolution passed by the general body of the Brihanmumbai Municipal Corporation (BMC) to make surya namaskar compulsory in civic schools.
The bench of Chief Justice Manjula Chellur and Justice Mahesh Sonak said the petitioners should first make use of the alternate remedies available to them under provisions of the Bombay Municipal Corporation Act, 1888.
Under section 520-B of the act, the state government is empowered to suspend or rescind any resolution passed by the munici- pal corporation, if the govern ment finds the resolution to be in excess of the powers conferred upon the corporation under the Act or if the resolution will resul in wastage of civic funds.
The judges noted this legal pro vision after the lawyer for one o the petitioners pointed out that the resolution passed by the BMC was beyond its jurisdiction.
The court directed the state government to decide the repre sentation of the petitioners within two weeks of its filing. The bench, however, declined to stay the implementation of the resolu tion.
Masood Ansari, a former cor porator from Kurla and sitting corporator Rais Shaikh, had filed two separate PILS challenging the resolution passed by the BMC on August 23.