Senior citizens act: Can't implement order if elderly dies during proceedings, says Punjab and Haryana HC

Saurabh Malik

Chandigarh, May 5

The Punjab and Haryana High Court has ruled that an order passed under the provisions of Senior Citizens Act would be considered non-implementable after the death of the senior citizen during pendency of the proceedings.

Order co-terminus

The impugned order is co-terminus during lifetime of the senior citizen and the same is accordingly set aside being non-implementable after the unfortunate death of senior citizen during pendency of the proceedings

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Justice Arun Monga also made it clear that the parties to the litigation under the circumstances would be left to seek “alternative civil remedy” as may be available to them under the law.

The case before the Bench has its genesis in a complaint filed by a Gurugram-based woman under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and 2009 Rules. Acting on her plea, Gurugram District Magistrate, vide the impugned order, directed her son and daughter-in-law to vacate the house.

Aggrieved by the order, they moved the High Court through counsel Sachin Mittal and Akshat Mittal.

As their petition against the Deputy Commissioner and another respondent came up for hearing before the Bench, Sachin Mittal argued that an application by a senior citizen before a tribunal was filed in his or her personal capacity.

The legal representatives could not seek the continuation of the proceedings after the senior citizen’s death even if they wanted to. Mittal contended that the matter involved personal rights of the senior citizen, which was different from the civil rights of a person.

Justice Monga said since the senior citizen-respondent passed away during pendency of the writ petition, the proceedings were abated and rendered infructuous.