Rajasthan HC Criticizes State's Reply Over 16 Non-Functioning Lok Adalats, Orders Principal Law Secretary To Personally Appear On May 22

In a suo-motu plea concerning 16 non-functioning permanent Lok Adalats, the Rajasthan High Court on Thursday (May 15) expressed its dissatisfaction with the affidavit filed by the State government and directed the legal affairs department's principal secretary to remain personally present in court on the next date of hearing. 

A division bench of Justice Shree Chandrashekhar and Justice Sandeep Shah in its order said:

"An affidavit has been filed in compliance of the direction issued by this Court on 13th May 2025 but it is highly unsatisfactory". 

The court had on May 13 taken suo motu cognizance of a Dainik Bhaskar news report which claims that owing to an order passed by the State Government on April 9 as many as 16 permanent Lok Adalats are not functioning. The report indicated that around 972 cases were pending at Jodhpur, and there was a high probability that there may be about 10,000 cases pending settlement through the permanent Lok Adalats. The court had then asked the State to file an affidavit in the matter. 

During the hearing on Thursday, the amicus curiae appointed in the matter senior advocate Manish Sisodia criticized the affidavit calling it “cryptic”, adding that it did not have any statement regarding the April 9 government order. He said that even the copy of that order was not produced on record.

The counsel appearing for Member Secretary Rajasthan State Legal Services Authority tendered a bunch of communications/orders which contained two orders both dated April 9. The court noted that there was a November 19, 2024 communication from the Rajasthan State Legal Services Authority through which a proposal for extension of tenure of 21 members of Permanent Lok Adalats in 17 districts was forwarded to the Principal Secretary, Law and Legal Affairs Department. 

It noted that there was another communication of even date which refers to Rule 4(2) of the Permanent Lok Adalat (Other Terms and Conditions of Appointment of Chairman and Other Persons) Amendment Rules, 2016. It said that through this communication, it was brought to the notice of the Principal Secretary that the Chairman and other Members of the Permanent Lok Adalats shall hold office for a term of 5 years or till the age of 65 years, whichever is earlier. 

The amicus curiae said that the expression 'shall' used in Sub-Rule 2 to Rule 4 clearly demonstrates the legislative intention that irrespective of initial appointment being made for a period of 1 year or 2 years the Chairman and other Members of the Permanent Lok Adalats shall continue for a term of 5 years or till the age of 65 years whichever is earlier "provided their performance has been satisfactory and they are not disqualified or removed under Rule 5". The additional advocate general appearing for the principal secretary sought time to file detailed affidavit. 

After hearing the submission by the parties, the Court cautioned the respondent no. 4–Principle Secretary, to “remain alive to his duty to file proper and complete affidavit in the High Court” on the next date of hearing.

“The respondent no.4 shall file his own personal affidavit giving all necessary details and specifically indicating why tenure of the Chairman and the Members of the Lok Adalats cannot be extended as per Rule 4(2) of the Permanent Lok Adalat (Other Terms and Conditions of Appointment of Chairman and Other Persons) Amendment Rules, 2016.”

"On 22nd May 2025, the respondent no.4 shall remain physically present in the Court with all relevant records pertaining to appointment, extension and refusal to grant extension to the Permanent Members of the Permanent Lok Adalats," the bench added. 

The matter is next listed on May 22. 

Case Title: Suo Moto v the State of Rajasthan & Ors.

Click Here To Read/Download Order