ADV D B BINU Vs. GOVERNOR OF KERALA

JUDGEMENT

(1.) Pursuant to the order dated 14/10/2010, the learned Advocate General appeared, Heard the learned counsel for the appellant and the learned Advocate General. The appeal herein is filed aggrieved by an order dated 17/10/2010 of a learned Judge of this Court in an unnumbered Writ Petition of 2010. The writ petition itself came to be filed challenging the validity of the appointment of the 6th respondent as one of the State Information Commissioners under Section 15 of the Right to Information Act, 2005. In the said writ petition, the writ petitioner impleaded the Governor of Kerala as a party respondent (respondent No. 1) to the writ petition along with other respondents on the ground that under Section 15 of the Act the Governor of the State is the appointing authority for the State Chief Information Commissioner and also the State Information Commissioners.

(2.) The Registry of this Court raised an objection regarding the maintainability of the writ petition against the Governor. Since the writ petitioner insisted that the Governor is a necessary party to the writ petition, having regard to the cause of action upon which the writ petition is filed and also the relief that is sought in the writ petition, the registry listed the matter before a learned Single Judge of this Court with the objection indicated above.

(3.) By the order under appeal, the learned Judge upheld the objection raised by the Registry with a direction to the Registry to return the writ petition for re-submission after curing the defect, hence the appeal.