The Hindu : Andhra Pradesh / Hyderabad News : Plea to restrain CIC's functioning dismissed

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Tuesday, Oct 26, 2010
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Andhra Pradesh

Andhra Pradesh - Hyderabad

Plea to restrain CIC's functioning dismissed

Legal Correspondent

HYDERABAD: Chief Justice Nisar Ahmad Kakru and Justice Afzalpurkar dismissed an interim application seeking a direction to restrain Jannat Hussain from functioning as the AP State Chief Information Commissioner.

A writ petition was filed by Madhav Vishnubatla challenging the constitutional validity of 15(3) of the Right to Information Act 2005. He sought an interim direction restraining the new commissioner from functioning. The bench dismissed the miscellaneous petition and adjourned the main case to facilitate the filing of a counter affidavit.

Petition admitted

A Division Bench of the High Court comprising Justice B. Prakash Rao and Justice B. N. Rao Nalla admitted a writ petition challenging the control of the Finance Ministry over the debt recovery tribunals. The writ petition was filed by Saumya Medicare International which contended that the debt recovery tribunal was expected to be an independent body adjudicating the claims of banks. The petitioner said that the salary of the tribunal members is controlled by the Finance Ministry and it cannot be independent. This was against the basic principle of the executive being different and away from judicial fora. A direction was sought to take away the tribunals from the control of Finance Ministry. The Bench asked the government to respond to the issues raised by the petitioner.

Petition on civic polls

A Division Bench comprising Chief Justice Kakru and Justice Afzalpurkar adjourned by four weeks, the case challenging the postponement of municipal elections. The bench was dealing with a writ petition filed by Forum for Good Governance through Padmanabha Reddy. The petitioner said that there was no reason for not conducting the polls to more than 100 municipal bodies. A direction was sought for conducting the polls after setting aside the GOs issued on September 29. The court asked the respondents to reply to the issues raised in the writ petition.

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