JAGTE RAHO Vs. CHIEF MINISTER OF GUJARAT

JUDGEMENT

(1.) As in both the petitions, common issue and questions are involved, they are considered simultaneously.

(2.) The short facts of the case appears to be that the petitioner, who is the office bearer and the President of Jagteraho, a branch of Senior Citizen's Service Trust, has approached to this Court challenging appointment of respondent No.3 in both the petitions as the Additional Information Commissioner under the Right to Information Act, 2005 (hereinafter referred to as "the Act").

(3.) The background of the case is that initially, the appointments on the post of the Information Commissioner were vacant and no appointments were being made and therefore, the petition was preferred before this Court, wherein this Court had issued direction to the State Government to make the appointment on the post of the Information Commissioner by particular time limit. As per the State authorities, on account of the said direction, the process was initiated. We have considered the original file of the State Government and it appears that the process began from 15th January, 2014 for appointment of the Information Commissioner in view of the direction given by this Court in Writ Petition (PIL) No.65 of 2012 read with the subsequent proceedings of MCA No.2712 of 2012 for enforcement of the order. It appears that when the process was on, the petitioner herein had taken out the other proceedings in the main writ petition, but ultimately, this Court found that the irresponsible statements were made in the petition and the basis of the petition was the Press Note and this Court had dismissed the petition, but of course in the said petition, the aspects of challenge to the appointment was not examined. It appears that thereafter Writ Petition (PIL) No.143 of 2014 has been preferred before this Court challenging appointment of respondent No.3 Shri Bhagwandas Gandabhai Panchasara as the Additional Information Commissioner. This Court in the said petition, had called for the original record of the file of the State Government and on 17.9.2014, following order was passed in Writ Petition (PIL) No.143 of 2014.