A challenge to a statutory notice is barred if the applicant participates in the process without protest, particularly when the challenge is raised after significant delay.

JUDGMENT

DEVENDRA KUMAR UPADHYAYA, C.J.

CHALLENGE

1. The instant writ petition filed by an Association of Working News Cameramen challenges the notice dated 09.06.2024 issued by the Press Council of India (hereinafter referred to as the “Council”) inviting claims for being notified as an eligible “association of persons” for nomination of Members of the 15^th term of the Council under Rule 3 of the Press Council (Procedure for Notification of associations of persons) Rules, 2021 (hereinafter referred to as the “Rules, 2021”). The petitioner also challenges the report dated 10.09.2024 submitted by the Scrutiny Committee whereby a recommendation has been made to reject the claim of the petitioner/ association as an eligible “association of persons” under the category of members to be nominated to the Council in terms of Section 5 (3)(a) of the Press Council of India Act, 1978 (hereinafter referred to as the “Act”)

2. The petitioner also challenges the letter of the Council, dated 12.11.2024, whereby it was communicated to the petitioner that the Council on deliberations on the recommendations of the Scrutiny Committee has approved the recommendation, enclosing therewith the detailed findings whereby the claim of the petitioner was rejected.

3. A further prayer has also been made by the petitioner seeking a direction to the Council to include its name in the list of eligible “associations of persons” under Section 5 (3)(a) of the Act in the category of Working Journalists other than Editors for nomination as members to 15^th term of the Council.

FACTS

4. Press Council of India is a statutory body incorporated under Section 4 of the Act, 1978 and is a body corporate having perpetual succession and a common seal.

5. Section 5 of the Act, 1978 provides for composition of the Council which consists of a Chairman and twenty eight other Members. Out of twenty eight other Members of the Council, thirteen are nominated from amongst the working Journalists of whom six are Editors of newspapers and seven are working Journalists other than Editors. Six persons are to be nominated from amongst persons who own or carry on business of management of newspapers. One Member is nominated amongst persons who manage news agencies and three persons are those who have special knowledge or practical experience in education, science, law and literature and culture, of whom one is nominated by University Grants Commission, one by the Bar Council of India and one by the Sahitya Academy. Rest five Members are Members of Parliament of whom three are nominated by the Speaker from amongst the Members of the Lok Sabha and two are nominated by the Chairman of the Rajya Sabha from amongst its Members. For the purposes of nomination of thirteen Members from amongst working Journalists and also for nominating six persons from amongst persons who own or carrying on business of management of newspapers and also for nominating one Member from persons who manage news agencies, the retiring Chairperson of the previous Council has to invite panels of names comprising twice the number of Members to be nominated, from “associations of persons” of the working Journalists, those who own or carry on the business of management of newspapers and also those who manage news agencies. All persons are nominated as Members of the Council by the Council except in the case of the First Council and on nomination o