Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:52308-DB WA No. 3128 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT APPEAL No. 3128 OF 2019 (GM-RES) BETWEEN:
1.
MR. J. M. RAJASHEKAR, S/O JAYADEVAIAH MATHAD, AGED ABOUT 53 YEARS #36, AMMA, BESIDES MOUNT VIEW SCHOOL, HUNASIKATTI ROAD, RANNEBENNUR 581115, HAVERI DISTRICT. …APPELLANT (BY SRI HARIKRISHNA S. HOLLA, ADVOCATE (ABSENT) Court notice issued to appellant v/o dated 01.12.2023 is not yet served since service report awaited.)
AND:
1.
STATE OF KARNATAKA, DEPT. OF PERSONNEL & ADMINISTRATIVE REFORMS KARNATAKA GOVERNMENT SECRETARIAT, 3RD BLOCK, PODIUM BLOCK, V. V. TOWER, BANGALORE-560001, REPRESENTED BY ITS CHIEF SECRETARY.
Digitally signed by VALLI MARIMUTHU Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:52308-DB WA No. 3128 of 2019
2.
DR. LINGARAJ K., FATHERS NAME NOT KNOWN, MAJOR, C/O KARNATAKA GOVERNMENT SECRETARIAT, 3RD BLOCK, PODIUM BLOCK, V.V. TOWER, BANGALORE-560001.
3.
DR. K. E. KUMARSWAMY, FATHERS NAME NOT KNOWN, MAJOR, C/O KARNATAKA GOVERNMENT SECRETARIAT, 3RD BLOCK, PODIUM BLOCK, V.V. TOWER, BANGALORE-560001.
4.
MR. S. L. PATIL, FATHERS NAME NOT KNOWN, MAJOR C/O KARNATAKA GOVERNMENT SECRETARIAT, 3RD BLOCK, PODIUM BLOCK, V.V. TOWER, BANGALORE-560001.
5.
MR. H. P. SUDHAM DAS, FATHERS NAME NOT KNOWN, MAJOR, C/O KARNATAKA GOVERNMENT SECRETARIAT, 3RD BLOCK, PODIUM BLOCK, V. V.TOWER, BANGALORE-560001. …RESPONDENTS (BY SMT. N. ANITHA, AGA FOR R1;
SRI M.S. RAJENDRA, ADVOCATE FOR R2 TO R5)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 17/07/2019 PASSED IN WRIT PETITION No.5642/2018.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:52308-DB WA No. 3128 of 2019
CORAM:
HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
The appellant in the instant writ appeal is the petitioner in Writ Petition No.5642/2018 (GM-RES), which came to be dismissed by means of an order of the learned Single Judge dated 17.07.2019.
2. In the petition, a writ of certiorari was sought for quashing the Notification of 11.01.2018 and declaration that respondent Nos.2 to 5 are not persons of eminence and therefore, not eligible for selection as Information Commissioners in view of Section 15(5) of the Right to Information Act, 20051. A writ of mandamus was also sought to the respondents to consider the application of the petitioner for appointment to the post of Information Commissioner.
3. By the order of the Court on 01.12.2013, Court notice was directed to be issued as it was reported that the counsel
1 RTI Act
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HC-KAR NC: 2025:KHC:52308-DB WA No. 3128 of 2019
for the appellant is no more. It appears that service report with regard to service on the appellant has not been furnished.
4. It is contended by learned counsel for the appellant that in view of the provisions of Section 16 of the RTI Act, the term of office of the Information Commissioner is for a period of five years. Therefore, the Notification dated 11.01.2018 has worked itself out, rendering the petition itself infructuous.
5. In view of the aforesaid, the instant appeal is rendered infructuous and is dismissed as such.
Sd/- (JAYANT BANERJI) JUDGE
Sd/- (K. V. ARAVIND) JUDGE
MV List No.: 1 Sl No.: 33