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2007 Supreme(HP) 185

DEEPAK GUPTA, SURINDER SINGH
VIRENDER KUMAR – Appellant
Versus
P. S. RANA – Respondent


Advocates Appeared:
M. S. Chandel, Advocate General with R.M. Bisht, Deputy Advocate General, Rajinder Singh Cheema, Sr. Advocate with Sanjeev Sharma, for Respondent.

JUDGEMENT

Deepak Gupta, J.:- The short question which arises for decision in the present case is whether the State Information Commission to be constituted under the Right to Information Act, 2005, (hereinafter referred to as the Act) can be a single member body or must be a multi member body.

2. The petitioner has filed this writ petition alleging that the State of Himachal Pradesh has only appointed the Chief Information Commissioner and has not appointed any State Information Commis-sioner(s) and, therefore, the constitution of the Station Information Commission is illegal and not in accordance with Section 15 (2) of the Act, which reads as follows.- "15(1) xxxxxxx (2) The State Information Commission shall consist of- (a) the State Chief Information Commissioner; and (b) such number of State Information Commissioners, not exceeding ten, as may be deemed necessary."

3. The contention of the petitioner is that the State Information Commission must consist of a Chief Information Commissioner and at least one State Information Commissioner. On the other hand, the contention of the respondents as put forth by Mr. R. S. Cheema, learned Senior Advocate, appearing for the State of Himach















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