2007 (1) TMI 40

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..... , the Act). Petitions challenging the provisions of the Act have been filed in various High Courts. Since the points in the petitions were identical, writ petitions from the High Courts of Madras, Punjab & Haryana, Bombay and Orissa have been transferred to this Court. Many of the High Courts, entertaining the writ petitions, have also passed interim orders restraining the establishment of the Nat .....

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..... stated in the affidavit, or such other amendment which the Government may want to make in the Act are in fact made. We may only note that the petitioners have also challenged Section  5(5)  of the  Act  which  provides  that  the  Central  Government  may   in consultation with the Chairperson transfer a Member from headquarters of one B .....

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..... ment of Revenue). According to the petitioners, in this multi-member selection committee, it is possible for the two Members to take a different view than that of the Chairperson. According to the Government, however, there is no question of the two Secretaries over-riding the opinion of the Chief Justice of India or his nominee since primacy of the Chairperson is inbuilt in the provision itself. .....

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