Tuesday, October 23, 2012

The Apex Court dismissed Appeal of State of Gujarat, in respect of the appointment of the Secretary as the President of Revenue Tribunal

While Dismissing Civil Appeal No.7208 of 2012 preferred by State of Gujarat, against the judgment of the Gujarat High Court in Special Civil Application No.8209 of 1988, by way of which the High Court has allowed the writ petition filed by the respondents Gujarat Revenue Tribunal Bar Association, striking down Rule 3(1)(iii)(a) of the Gujarat Revenue Tribunal Rules 1982 (hereinafter referred to as ‘Rules 1982’), which conferred power upon the State Government to appoint the Secretary to the Government of Gujarat, as President of the Revenue Tribunal, The Hon. Apex Court has finally concluded that" We do not have any hesitation in concurring with the finding recorded by the High Court that the Tribunal is akin to a court and performs similar functions." The Supreme Court has further defined the process of consultation that " The object of consultation is to render the consultation meaningful to serve the intended purpose. It requires the meeting of minds between the parties involved in the process of consultation on the basis of material facts and points, to evolve a correct or at least satisfactory solution. If the power can be exercised only after consultation, consultation must be conscious, effective, meaningful and purposeful. It means that the party must disclose all the facts to other party for due deliberation. The consultee must express his opinion after full consideration of the matter upon the relevant facts and quintessence.

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