Thomas to seek review of verdict
Even though the Supreme Court has quashed CVC P.J. Thomas’ appointment deciding the question of applicability of “quo-warranto” writ in his case, he still is planning to move the apex court for review of the verdict on the ground that the judiciary’s jurisdiction in the matter was limited only to the presidential reference.
A three-judge bench headed by Chief Justice S.H. Kapaidia, before setting aside Mr Thomas’ appointment had heard arguments at length on the question of “quo-warranto” writ, which means seeking a judicial direction for setting aside an appointment of a person to a government authority if such appointment was made “contrary” to the provisions of the law or with “mala fide” intention.
According to Mr Thomas’ counsel Willis Matthews, the sacked CVC has decided to file a review on the ground that as per the CVC Act, the CVC, or the two central vigilance commissioners, could be removed only through a presidential reference by the Supreme Court, otherwise, judiciary has no role in entertaining a writ petition on the issue.
As per Mr Matthews, it should have been appropriate that the Centre files the review petition as the apex court has gone beyond the provisions of the CVC Act.
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