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Rule 40
Things to be disclosed in other applications
(1) In the application given under rule 32, in addition to the things mentioned in rule 13, the following things should be disclosed as required:-
(a) The reason for making the application and the facts relating thereto,
(b) Jurisdictional Matters,
(c) What kind of fundamental or legal rights of the petitioner have been violated,
(d) If there is no other alternative treatment or if alternative treatment is provided, the treatment is insufficient or ineffective, (e) the remedy sought by the petitioner,
(f) Grounds for Remedy.
(2) In accordance with clause (b) of sub-rule (1) of rule 32, in an application for determination of any constitutional or legal question involved in any dispute of public right or interest, in addition to the matters mentioned in sub-rule (1) and rule 13, the following matters shall be disclosed as necessary: -
(a) the fact that a constitutional or legal question is involved in the matter raised by the petitioner,
(b) What kind of action has not been taken by the respondent according to the constitution or law or what unconstitutional or illegal action has been done or is about to be done and the effect caused or may be caused to any class or community,
(c) that the matter raised by the petitioner has not been dealt with by the court before or the matter is not pending before the court,
(d) That the petitioner has submitted an application for necessary treatment to the government agency or official who has the duty to take action or not to take action in relation to the matter raised by the petitioner,
(e) If an application has been made in accordance with Clause (d) and there has been an unreasonable delay in the said process or if the said process has been rendered ineffective, he has come to the court to seek remedy, (f) Failing to inform the government agency or official that he is going to file a petition in the court because he has not been able to receive treatment for making an application in accordance with clause (d),
(g) the seriousness of the matter, the need for speedy hearing and the impact it has or may have on stakeholdersIf it is not possible or not reasonable to provide information according to Clause (f) in view of the sufficient and reasonable reason thereof,
(h) Grounds for believing that the petitioner has a meaningful relationship and moral concern with the matter mentioned in the petition and that the petitioner is capable of representing the concerns of the concerned community or general public,
(i) People of the concerned community are poor, helpless, uneducated, children, labourers, old people, disabled women, backward class who could not come to the court by themselves or if the petitioner himself is a person of such community or class, if the petition is filed.
(3) When making an application according to sub-rule (2), the applicant must declare that he has no personal benefit or private interest to make an application regarding the dispute of public rights or concerns.