S UMAPATHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) NOTIFICATIONS dated 12.1.2011 (Annexures -M & N), issued in the name of the Governor of Karnataka by the State Government in exercise of the power under subsection (3) of Section 15 of the Right to Information Act, 2005 (for short 'the Act'), appointing Respondent Nos.3 to 7 as State Information Commissioners, are assailed in this Writ Petition, which is sought to be filed in public interest. A direction is also sought against Respondent Nos.1 and 2 to formulate guidelines and procedure with regard to selection of Information Commissioners.

(2.) DELINEATING the provisions of the Act, the petitioner has contended that the appointment of Respondent Nos. 3 to 7 is not in accordance with Section 15 of the Act. The petitioner has also highlighted in the Writ Petition about the importance of the Office of the Information Commissioners under the Act and the role that they play in the matter of governance. The main thrust of the Writ Petition is with regard to the candidature of Respondent Nos.3 to 7 to hold the Office of the State Chief Information Commissioner as far as Respondent No.3 is concerned and the Office of the State Information Commissioner as far as Respondent Nos.4 to 7 are concerned. Therefore, in substance, challenge is made to their appointments.

(3.) WE have heard learned counsel for the petitioner, learned senior counsel for Respondent Nos.3 to 5 and Respondent Nos.6 and 7, and learned A.G.A. for Respondent Nos.1 and 2.