M C PANT Vs. UNION OF INDIA
LAWS(UTN)-2015-3-46
HIGH COURT OF UTTARAKHAND
Decided on March 24,2015

M C Pant Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

ALOK SINGH, J. - (1.) MR . M. C. Pant, a practicing Advocate of this Court and former President of the High Court Bar Association, petitioner, in person, submits that he is not challenging the vires and legality of the Constitution (Ninety -ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014.
(2.) MR . M.C. Pant, petitioner, in person and Mr. P.S. Bisht, Standing Counsel for Union of India, stated at bar that in other matters pending before the Hon'ble Apex Court, vires of both the Acts are under challenge and Mandamus sought in the present case is not subject matter of those petitions pending before the Hon'ble Apex Court.
(3.) MR . M.C. Pant, petitioner, in person, submits that he is seeking a writ of Mandamus commanding the respondents to make appointment of Judge(s) in this Court only in the light of recommendations made by the National Judicial Appointments Commission and not to adopt any other method except the one given in the Constitution (Ninety -ninth Amendment) Act, 2014 read with the National Judicial Appointments Commission Act, 2014. Petitioner is seeking further writ of Mandamus commanding the respondent to frame relevant Rules and Regulations to give effect to the provisions of the National Judicial Appointments Commission Act, 2014. Mr. M.C. Pant, petitioner, in person, while referring to Article 368 of the Constitution of India, vehemently contends that the moment His Excellency President of India accords his assent to the Bill, the Constitution shall stand amended in the terms of the Bill, therefore, amended provisions of the Constitution (Ninety -ninth) Amendment Act and provisions of the National Judicial Appointments Commission Act 2014 should be given effect from the date, consent is accorded and Government should not wait for the formal notification of the Act in the Official Gazette.;


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