Can I File 2nd PIL In Supreme Court On Same Subject | Vkeel - Free Legal Advice

Rajesh Sharma

Mumbai

Dear sir, I had filed PIL in supreme court to issue writ of mandamus to Election commission of India which was withdrawn by my advocate on the first day of hearing as Hon. Supreme court judge suggested us to make some changes in representation sent to ECI and in this way the PIL was dismissed as withdrawn. The judgement says that-"The learned counsel for the petitioner seeks leave to withdraw this Public Interest Litigation. The Special Leave Petition is, accordingly, dismissed as withdrawn". Please tell me that in this condition, if ECI does not accept my modified representation, Will I be allowed to file PIL again in Supreme Court as I had read somewhere that one can not file PIL on the same subject in Supreme Court again. Please answer my question.

Expert's Answers(4)

Advocate Kajal Bhatia
New Delhi, Delhi

13 Client Ratings

Hello sir, You read it right that you cannot file 2nd PIL on the same cause of action but here the situation is different. In your case it is not disposed off by the court, it is dismissed as withdrawn giving you liberty to file it again. You can file it again by changing the language of the prayer and the same petition. You may contact me for detailed discussion. Regards.

October 21, 2019
Advocate Kajal Bhatia
New Delhi, Delhi

13 Client Ratings

Hello sir, You read it right that you cannot file 2nd PIL on the same cause of action but here the situation is different. In your case it is not disposed off by the court, it is dismissed as withdrawn giving you liberty to file it again. You can file it again by changing the language of the prayer and the same petition. You may contact me for detailed discussion. Regards.

October 21, 2019
Advocate Neha Roy Choudhury
Prayagraj, Uttar Pradesh

2 Client Ratings

Sir, if your representations get rejected then you ll have fresh cause of action . And whenever there is a fresh cause of action , fresh litigation can initiate .

October 20, 2019