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Calcutta High Court dismisses PIL challenging nomination of the appellete authority under the Right to Information Act

The Calcutta High Court dismissed a Public Interest Litigation (PIL) filed challenging the nomination of the appellate authority under the Right to Information Act as a pradhan of a gram panchayat and in this regard the petitioner has referred to the notification issued by the Government of West Bengal dated 21st October, 2010.   

While considering the PIL , the Division Bench of Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya noted that  the entire case of the petitioner rests upon a decision of the Supreme Court in the case of Namit Sharma Vs. Union of India reported at (2013) 1 SCC 745 .

Based on the observations and/or directions, the advocate for the petitioner contended that the appellate authority cannot be a pradhan of a gram panchayat who do not possess the law qualification and such notification issued by the Government of West Bengal is illegal.

The government counsel for the respondent  pointed out that the decision in Namit Sharma Vs. Union of India reported in (2013) 1 SCC 745 is no longer good law in the light of the Act.

 At the instance of the Union of India, a review application was filed before the  Supreme Court and in the decision in Union of India Vs. Namit Sharma reported in 2013(10) SCC 359 the judgment reported in (2013) 1 SCC 745 was recalled and all the directions issued in paragraph 108.7 in the decision reported at (2013) 1 SCC 745 were recalled and set aside. Thus, the very basis and foundation of the petition is thoroughly misconceived and no relief can be granted in this public interest litigation. No other grounds urged in the petition.

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