The Supreme Court, on Monday, directed the concerned Collector to submit a report explaining why the Rs. 1 Lakh cost imposed on Advocate Ashok Pandey for filing a frivolous petition has not been recovered as arrears of land revenue. The petition in question challenged the restoration of Nationalist Congress Party leader Mohammed Faizal's Lok Sabha membership.
The order came after the court noted that the penalty amount had not been paid despite clear directions for its recovery.
Background of the Case
On October 20, 2023, Advocate Ashok Pandey filed a petition arguing that a Member of Parliament (MP) convicted in a criminal case should remain disqualified until acquitted by a higher court. The case was heard by a bench comprising Justices B.R. Gavai, Aravind Kumar, and Prashant Kumar Mishra.
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The Supreme Court dismissed the petition, terming it an "abuse of process of law" and highlighting that the petitioner’s fundamental rights were not violated to warrant invoking extraordinary jurisdiction under Article 32 of the Constitution of India.
Imposition of Cost
Following the dismissal, the court imposed a cost of Rs. 1,00,000 on the petitioner, directing that:
- Rs. 50,000 be paid to the Supreme Court Bar Association for library purposes.
- Rs. 50,000 be deposited in the Supreme Court Advocates-on-Record Association’s Welfare Fund.
The Court further stated that if the amount was not paid, it should be recovered as arrears of land revenue.
Supreme Court's Latest Order
In a suo moto miscellaneous application, a bench comprising Justices Gavai and A.G. Masih noted the non-compliance with the earlier order regarding cost recovery. Taking serious note of this, the Court passed an order seeking a report from the Collector explaining the delay in executing the court's direction.
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The order stated:
"We call for a report from the Collector as to why the order passed by this Court and the cost has not been recovered as arrears of land revenue. The report shall be submitted in four weeks."
This is not the first time that the Supreme Court has imposed penalties on Advocate Ashok Pandey for filing frivolous petitions. In a separate matter, a bench led by former Chief Justice D.Y. Chandrachud had imposed a cost of Rs. 5 Lakh on Pandey for questioning the validity of the oath taken by the Chief Justice of the Bombay High Court, arguing that he did not use the word 'I'.
Additionally, Pandey has also filed a petition challenging the reinstatement of Congress leader Rahul Gandhi’s Lok Sabha membership.
Case Details: ASHOK PANDEY v. THE SPEAKER OF LOK SABHA AND ORS | MA 479/2025 in W.P.(C) No. 1202/2023
