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Allahabad High Court Allows Withdrawal Of PIL Against Appointment Of SP Gupta As State Information Commissioner
Sparsh Upadhyay
30 Jan 2025 7:54 AM
On Wednesday, the Allahabad High Court dismissed a Public Interest Litigation (PIL) plea as withdrawn, challenging Swatantra Prakash Gupta's appointment as the State Information Commissioner. The PIL plea, filed by the petitioner in person, Ashish Kumar Singh, challenged Gupta's appointment as the SIC, contending that it violates Section 15(6) of the Right to Information Act, 2005,...
On Wednesday, the Allahabad High Court dismissed a Public Interest Litigation (PIL) plea as withdrawn, challenging Swatantra Prakash Gupta's appointment as the State Information Commissioner.
The PIL plea, filed by the petitioner in person, Ashish Kumar Singh, challenged Gupta's appointment as the SIC, contending that it violates Section 15(6) of the Right to Information Act, 2005, a provision that bars the pursuit of any profession by an appointee.
For context, Section 15 (6) states that the State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
The petitioner argued that Gupta is an advocate by profession and, thus, per the above-mentioned provision of the 2005 Act, should not have been appointed as the SIC.
On the other hand, Chief Standing Counsel Prashant Singh Atal defended his appointment as he contended that the said provision states that the appointee must not practise any profession after his appointment as such, and in this case, there was no proof that Gupta had filed any Vakalatnama in any case after was appointed to the said post.
Having heard the argument of both sides, a bench of Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi dismissed the PIL plea as withdrawn.
It may be noted that Gupta's appointment as an SIC in March 2024 was questioned for his previous association with the Bharatiya Janta Party (BJP).
In the March 7 press release issued by the UP government, Gupta was identified as a “senior advocate.” However, he admitted to serving in several “high posts” in the BJP and denied holding any “direct responsibility” at the time of his appointment.
Case title - Ashish Kumar Singh vs. Union Of India Thru. Secy. Deptt. Of Personnel And Tranning New Delhi And 4 Others 2025 LiveLaw (AB) 45
Case Citation: 2025 LiveLaw (AB) 45
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