HC sets PIL into motion
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By Our Staff Reporter
IMPHAL, Feb 26: The High Court of Manipur has set a petition challenging the legality and validity of the appointment of Nungshi-tombi Athokpam as the State Information Commissioner into motion today.
The petition was filed by an independent journalist.
The Court will hear the case on March 9.
Notably, Nungshitombi Athokpam was appointed as the State Information Commissioner on November 14, 2025 in absence of a recommendation of a mandatory Selection Committee during President's Rule.
The petition that has now been set into motion, argues that Section 15(3) of the Right to Information Act, 2005 mandates that the State Information Commissioner shall be appointed by the Governor on the recommendation of a Selection Committee consisting of the Chief Minister, the Leader of Opposition in the Legislative Assembly, and a Cabinet Minister nominated by the Chief Minister.
It claims the statute uses the expression "shall", making the recommendation of the Selection Committee a mandatory pre-condition for appointment.
The petitioner submits that neither President's Rule nor executive advice can override a mandatory statutory provision enacted by the Parliament. The petition sought the Court to declare the appointment of Nungshitombi Athokpam as the State Information Commissioner illegal, uncons- titutional and void under Section 15(3) of the Right To Information Act, 2005.
IMPHAL, Feb 26: The High Court of Manipur has set a petition challenging the legality and validity of the appointment of Nungshi-tombi Athokpam as the State Information Commissioner into motion today.
The petition was filed by an independent journalist.
The Court will hear the case on March 9.
Notably, Nungshitombi Athokpam was appointed as the State Information Commissioner on November 14, 2025 in absence of a recommendation of a mandatory Selection Committee during President's Rule.
The petition that has now been set into motion, argues that Section 15(3) of the Right to Information Act, 2005 mandates that the State Information Commissioner shall be appointed by the Governor on the recommendation of a Selection Committee consisting of the Chief Minister, the Leader of Opposition in the Legislative Assembly, and a Cabinet Minister nominated by the Chief Minister.
It claims the statute uses the expression "shall", making the recommendation of the Selection Committee a mandatory pre-condition for appointment.
The petitioner submits that neither President's Rule nor executive advice can override a mandatory statutory provision enacted by the Parliament. The petition sought the Court to declare the appointment of Nungshitombi Athokpam as the State Information Commissioner illegal, uncons- titutional and void under Section 15(3) of the Right To Information Act, 2005.