Supreme Court Seeks Report on Non-Recovery of Cost Imposed on Lawyer for Frivolous Petition

The Supreme Court today (Monday) sought a report from the Collector regarding the non-recovery of a cost imposed on Lucknow-based lawyer, Advocate Ashok Pandey, for filing a frivolous petition challenging the restoration of Nationalist Congress Party (NCP) leader Mohammed Faizal's Lok Sabha membership.

Background of the Case

The petition, filed on October 20, 2023, by Advocate Pandey, contended that once a Member of Parliament (MP) loses their office due to a criminal conviction, they remain disqualified until acquitted by a higher court. However, the Supreme Court bench, comprising Justices B.R. Gavai, Aravind Kumar, and Prashant Kumar Mishra, dismissed the petition, observing it was an “abuse of the process of law” since the petitioner’s fundamental rights were not violated. As such, the Court found no basis for invoking its extraordinary jurisdiction under Article 32 of the Constitution.

Imposition of Cost

In response to the frivolous petition, the Court imposed a cost of Rs. 1,00,000 (One Lakh Rupees), directing that the amount be deposited into the Advocate Welfare Fund. Out of this sum, Rs. 50,000 were to be paid to the Supreme Court Bar Association for library purposes, and the remaining Rs. 50,000 were to be paid to the Supreme Court Advocates on Record Association for its welfare fund. The Court further ordered that if the cost was not paid, it would be recovered from the petitioner as arrears of land revenue.

Non-Compliance and Suo Moto Action

Today, a suo moto miscellaneous application came before a bench of Justices Gavai and AG Masih regarding the non-compliance of the Court’s order. As the cost remained unpaid, the bench directed the Collector to submit a report explaining why the recovery of the cost had not been made. The bench ordered, "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."

Pandey's History of Frivolous Petitions

This is not the first time Advocate Pandey has faced consequences for filing frivolous petitions. In a separate case, a bench led by former Chief Justice DY Chandrachud had imposed a cost of Rs. 5,00,000 on Pandey for challenging the validity of the oath taken by the Chief Justice of the Bombay High Court, claiming it was invalid because the word "I" was not used. Pandey has also filed another petition challenging the restoration of Lok Sabha membership for Congress leader Rahul Gandhi.

Looking Ahead

The case highlights the judiciary's emphasis on deterring the abuse of legal processes by imposing financial penalties on individuals filing frivolous petitions. The outcome of the Supreme Court's current action could have broader implications for discouraging misuse of public interest litigation.

Case Details: ASHOK PANDEY v. THE SPEAKER OF LOK SABHA AND ORS | MA 479/2025 in W.P.(C) No. 1202/2023