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The Delhi High Court Tuesday dismissed with Rs. 25,000 costs a plea challenging the appointment of Sheersha Merla as Technical Member of the National Company Law Appellate Tribunal. A bench comprising of Chief Justice D N Patel and Justice Jyoti Singh said there was no reason to entertain the petition filed by 'India Awake for Transparency' and directed that the costs be deposited with the Delhi State Legal Service Authority in four weeks.

The Centre opposed the petition on the ground that the petitioner has no locus standi to challenge the appointment and claimed there were various judicial orders imposing costs on the petitioner. It was stated that the appointment of the Technical Member was in accordance with the statutory rules and regulations. It was also argued that the the petitioner was a chronic litigant who abused the process of law.

The Court said:

"Looking to the qualification of respondent no 2 (the Member), she is fully qualified to be appointed and has been selected by the search-cum-selection committee in accordance with the law. The process of selection is in accordance with the law... Respondent no 2 has also served at the National Consumer (Disputes Redressal) Commission for several years."

The Bench further observed that the license of the Petitioner, India Awake for Transparency, claiming to be an active company under Section 8 of the Companies Act, 2013, was cancelled. In fact, the Petitioner had filed a false affidavit claiming to be an active company.

India Awake for Transparency v. Union of India & Anr.