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The petition questioning the centre’s notification to make Aadhaar mandatory for mid-day meals came up in the Supreme Court on Wednesday (May 17). Justice L Nageswara Rao, who was part of the two-judge bench (the other being Justice Navin Sinha) recused himself from hearing the matter on the ground that he had appeared earlier in the Aadhaar case.

Earlier an SC bench comprising Justice AK Sikri and Justice Ashok Bhushan had allowed the petitioners to request the chief justice of India for an urgent hearing on the matter. Shyam Divan appearing for the petitioners, had sought that urgent orders were required on the interim prayers made by the petitioners, as Aadhaar enrollment for certain schemes was required by June 30, 2017.

Divan had also apprised the apex court that the order dated August 11, 2015 passed in Writ Petition (C)No. 494 of 2012 had observed that the matter be heard at the earliest.

He had further submitted that the same sentiment was expressed by the constitution bench in its order dated October 15, 2015.

The bench asked the petitioners to place the matter before the chief justice of India for constituting an appropriate bench to hear the matter at the earliest. The petitioners could also request for hearing of the interim prayers made by them, it said.

On May 12, the matter was mentioned before the chief justice of India for urgent listing and the court had listed the matter for May 17.

—India Legal Bureau

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