Parliament must fix appeal anomaly in Sr Citizens Act, Karnataka HC rules
Bengaluru: Karnataka high court has ruled that it is for the Parliament to rectify the anomaly in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, concerning appeal remedies.
The court further said the Law Commission of India needed to examine this issue to suggest suitable amendments.
Justice Suraj Govindaraj made this observation while reviewing two separate petitions filed by a mother on one side and her son, along with the daughter-in-law, on the other. Both parties had challenged a January 29, 2020, order issued by the assistant commissioner, Bangalore North sub-division, acting as a tribunal under the Senior Citizens Act.
"Normally, if a senior citizen or parent is aggrieved by an order passed by the assistant commissioner, the remedy available is an appeal under Section 16 of the Senior Citizens Act. If a son, daughter, daughter-in-law, son-in-law, or a third party who is not a senior citizen or parent is aggrieved by the order, the remedy of an appeal under Section 16 of the Senior Citizens Act is not available to them," Justice Govindaraj clarified.
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He further observed that a person who is not a senior citizen would need to approach the high court under Article 226 and 227 of the Constitution of India to challenge such an order.
If both parties are aggrieved and both are to file writ petitions, then both the petitions will have to be considered together and a common order will have to be passed, the judge ruled, adding that such a complicated scenario can only be addressed by the Parliament.
In the case at hand, the mother had filed an application to reclaim a residential unit at Mahalakshmipuram and to reconvey a gifted property at HSR Layout. The assistant commissioner directed the reconveyance of the site at HSR Layout to the mother and ordered that she be provided with accommodation at the Mahalakshmipuram house.
However, considering the gift deed pertaining to HSR Layout was dated August 5, 2005, prior to the coming into force of the Senior Citizens Act, the judge ruled that the said transaction could not be challenged under the Act.
Regarding the Mahalakshmipuram property, the judge remitted the matter back to the assistant commissioner for fresh consideration.
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