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TMI Blog2022 (4) TMI 876X X X X Extracts X X X X X X X X Extracts X X X X ..... trong submission has been raised before this Court that consent given against the provision of law is of no consequence and on the basis of such a consent, an order contrary to law could not have been passed. The issue of maintainability of writ petition itself has been raised by the appellant referring to Section 19 of the West Bengal Societies Registration Act, 1961 which provides for authorization by the governing body to the President, Secretary or any office bearer for suing on behalf of the society. It has been submitted that no such authorization was filed with the writ petition, hence, the petition itself was not maintainable. The Administrative Member of the Tribunal has continued by virtue of interim order of learned Single ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal has been extended until formal appointment of Technical Member by the Government. 2. Appellant was not a party before the learned Single Judge, therefore, CAN No. 1 of 2022 has been filed seeking leave to appeal against the impugned order. This application has been opposed by the respondent nos. 1 and 2 (writ petitioners). Having examined the record, it is noticed that appellant, a practicing advocate, who in application seeking leave, has stated that he conducts his cases in all fields of law, being a person aggrieved with the order impugned, is entitled for leave. The writ petition itself was at the instance of the Tax Bar Association and one of the advocate member, hence, both, appellant and respondents (writ petitioners) fall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed in absence of the High Court Administration. It is also submitted by the learned Counsel for the appellant that the impugned order does not take into consideration any fact and legal position and does not even indicate if the petition has been kept pending and no next date has been given, hence, otherwise also it cannot be sustained. 5. Learned Counsel for the respondents (writ petitioners) have submitted that it was second round of litigation and by the earlier order dated 2nd August, 2021, the tenure of the Technical Member was extended for three months by the learned Single Judge and that if the Technical Member retires, then the Tribunal will become defunct and that the impugned order has been passed with consent and the Techni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bihar State University (C.C.) Service Commission and Others reported in (2009) 17 SCC 184 has been relied upon, wherein it is held that: 33. In B.S. Bajwa v. State of Punjab to which our attention was drawn by Mr Misra, this Court held : (SCC pp. 525- 26, para 6) 6. Obviously on this conclusion alone the writ petition should have been dismissed by setting aside the judgment of the Single Judge allowing the LPA without any caveat. However, the Division Bench, after reaching the above conclusion, proceeded to grant the benefit of a much earlier date, namely, 6-4-1964 as the date of appointment on the basis of a concession of the Additional Advocate General made therein without considering the effect of the same or of taking int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e order of the Hon ble Supreme Court dated 31st May, 2021 in Writ Petition (Civil) No. 510 of 2021 in the matter of National Company Law Tribunal and Appellate Tribunal Bar Association through its Secretary vs. Ministry of Corporate Affairs wherein the similar issue of filling up the vacancies of Chairman of NCLAT and President of NCLAT came up. Though, the Hon ble Supreme Court had wide powers under Article 142 of the Constitution, yet, the Hon ble Court, after taking note of the fact that the Government had already initiated the process of reappointment, had only expressed trust and hope that the process will be completed expeditiously. 14. That apart, the issue of maintainability of writ petition itself has been raised by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lead to mutually irreconcilable situations and denude the judicial process of its dignity, authority, predictability and respectability 16. We find that none of the above aspects have been taken into consideration by the learned Single Judge while passing the impugned interlocutory order, hence, we are unable to sustain it. Therefore, the impugned order passed by the learned Single Judge is set aside, however by making it clear that if a fresh prayer for stay is made before the learned Single Judge, then the same will be duly considered in accordance with law and appropriate order will be passed taking into account the aforesaid relevant aspects of the matter. 17. The Administrative Member of the Tribunal has continued by virtue o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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