JUDGMENT

R.C. Lahoti, J.-The controversy centres around the interpretation of sub-section (7) of Section 6 of the Press Council Act, 1978 (hereinafter the Act , for short), viz., for how many terms of the Council a member can be nominated?

2. The facts are jejune. Harbhajan Singh, the appellant, is an editor of Indian Observer. All India Small and Medium Newspapers Federation, the respondent No. 2 is an association of persons within the meaning of clause (b) of sub-section (4) of Section 5 of the Act. The appellant had been a member of the Council for two terms of three years each, namely, 1982-85 and 1985-88. Steps were taken for the constitution of the Seventh Council commencing from holding the year 1998. A notification in that regard was issued on 21.11.1997. On 5.5.1997 and 9.8.1997 the Federation - respondent No. 2 had sought for a clarification-cum-opinion from the Chairman of the Press Council of India as to whether a person who had already been a member of the Council for two terms earlier is eligible for being nominated though such nomination did not amount to re-nomination, that is to say, at the time of being nominated he was not a retiring member. In response, the Cou