KARNATAKA HIGH COURT: ASKING HIGH COURT TO SET ASIDE AFFIDAVIT FILED BY OPPOSITE PARTY BEFORE ANOTHER FORUM ‘PREPOSTEROUS’

The Karnataka High Court in the case Cheluvaraju And Information Commissioner, Central Information Commission & Others observed and has termed as ‘preposterous’ a plea which is being filed by one Cheluvraju wherein seeking to declare an affidavit which is being filed by the Government of India before the Central Information Commission in his application, as the same being bad in law. In the said case, the application has been filed by the petitioner under the Right to Information Act before the Commission seeking certain information.

An affidavit has been filed before the court by the Ministry of Housing and the Urban Affairs. The court dismissed the application made by the petitioner. Further, the petitioner approached the court to declare that the affidavit which is filed by the Ministry is to be bad in law and it did not challenge the order passed by the Central Information Commission. The bench headed by Justice M Nagaprasanna observed and has stated that the petitioner seeks a writ at the hands of this Court to set aside the affidavit which is being filed by the second respondent before the Central Information Commission. The court observed that the said prayer is sought is preposterous to say the least. The court while answering the writ in the nature of the prayer that is being sought would be glorifying preposterousness. Accordingly, the court rejected the said plea.