Madras HC in the case of Revenue Bar Association Versus Union of India

Case Covered:

Revenue Bar Association

Versus

Union of India

Facts of the Case:

The petition filed under Article 226 of the Constitution of India praying for the issue of Writ of Declaration to declare the Goods and Services Tax Appellate Tribunal (Appointment and Conditions of Service of President and Members) Rules 2019 framed by the respondent vide Notification No. GSE 584(E) dated 21st August 2019 as void defective and unconstitutional being violative of Articles 14 21 and 50 of the Constitution of India and the doctrine of separation of powers and independence of the judiciary which are part of the basic structure of the Constitution of India and further contrary to the principles laid down by the Honourable Supreme Court of India in Union of India v. R. Gandhi (2010) 11 SCC 1.

Observations of the Court:

This Division Bench had noted the request made on behalf of the learned counsel for the Union of India on 08.01.2020 and we had also adjourned the matter twice to enable the learned counsel for the Union of India to inform the Court about any developments in the matter.

Today, again the learned counsel for the respondent Union of India submits that the meeting of the GST Council has not yet been convened and therefore, the matter may be adjourned and he prays that it may be listed after two months, so that during this period any action taken may be reported to the Court.

Related Topic:
Supreme Court in the case of Madras Bar Association Versus Union of India

The decision of the Court:

We find from the record that when this petition was entertained in October 2019, an interim order had been passed on 03.10.2019.

Since the matter continues to be adjourned on account of the respondent, let the matter be listed as prayed for by the learned counsel for the Union of India after two months, and in the light of the above, we continue the interim order dated 03.10.2019 until further orders.

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