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Prefer sitting Judges in LSA: SC

delhi Updated: Apr 14, 2007 01:44 IST
Prefer sitting Judges in LSA: SC

The Supreme Court on Friday directed all the States to give preference to sitting Judges in the appointment of Executive Chairpersons of State Legal Services Authorities (LSA) against the retired ones.

“Therefore, normal rule is that a sitting Judge should be appointed as the Chairman and only when unusual difficulties exist, a retired Judge may be appointed. That has to be the exception and not the rule,” a Bench headed by Justice Arijit Pasayat said.

The verdict came on a PIL filed by Supreme Court Bar Association Secretary K C Kaushik seeking direction to the States to appoint only the sitting Judges as heads of State Legal Services Authorities as retires Judges would not be effective.
The court directed all states to reconsider the matter in consultation with the Chief Justice of the concerned High Court and implement the order within four months.

The SCBA had contended that "a sitting judge can provide better leadership and would command more respect by virtue of his constitutional authority to function effectively."

“The advantage of having a sitting Judge as the Chairman far outweigh the disadvantages…” the court observed.

The Supreme Court on Friday issued notice to the Centre, Delimitation Commission, Election Commission on a petition questioning the methodology adopted by the delimitation exercise in Madhya Pradesh.

A Bench headed by Justice Ashok Bhan asked them as also the State Election Commission to respond to the petition filed by former minister Dhalsingh Bisen.

In his petition filed through counsel Vibha Datta Makhija, he alleged that the survey for the purpose of collecting data for delimiting the constituencies was carried out at great speed at the fag end of the two year mandate of the Commission.
He submitted that the speed in collecting data and carrying out survey vitiated the object and purpose of setting up the delimitation commission.

"The exercise not only disturbed the well-defined constituencies but also affected in changing the basis of the Assembly constituencies falling under each of corresponding Lok Sabha seat," Bisen submitted.