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BOMBAY HIGH COURT: REJECTED PIL CHALLENGING MAHARASHTRA GOVT'S DECLARATION OF PUBLIC HOLIDAY FOR RAM MANDIR CONSECRATION ON JAN 22

The Daily Guardian

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January 22, 2024

The Bombay High Court in the case observed wherein the Public Interest Litigation, PIL is moved by law student challenging the IN COURT notification of Maharashtra government's, declaring January 22, 2024 a public holiday for the consecration of the Ram Mandir in Ayodhya.

The law students from MNLU, Mumbai, GLC and NIRMA law school have sought the constitution of a special bench to hear the matter on January 21, 2024.

The petitioner in the plea contended that declaring a public holiday to celebrate a religious event violates the principles of secularism enshrined in the Constitution of India.

It has been argued before the court that the state cannot associate with or promote any particular religion.

The petitioner in the plea states that an act of the Government in celebrating and openly participating in the consecration of a Hindu temple thereby associating with the particular religion is nothing but a direct attack on the principles of secularism.

Further, -the petitioner in the plea quote previous judgements of Supreme Court that have upheld secularism as a basic feature of the Constitution of India.

It has also been argued before the court that the notification goes against this constitutional mandate.

The petition also referred to the case S.R. Bommai v. Union of India, wherein the Supreme Court held that any State Government which pursues an unsecular course, which being contrary to the constitutional mandate, renders itself amenable to action under Article 356 of the Constitution of India that subjects them to dismissal.

The plea contended that the notification is politically motivated, with an eye on the 2024 parliamentary elections.

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