Admission of Writ petition

Querist : Anonymous (Querist) 02 June 2010 This query is : Resolved
Ld counsels,

A writ petition is filed by a pubilc authority challenging the RTI order of the infomraiton commission. The high cour has granted a intermi stay of this order and sent notice to me.

During the next hearing is for orders as to admission. Can I submit before the commission verbally that the court should not entertain the writ petition bcos the order of the commission is biding upon the public authrities. The public authorities are denying the applicability of RTI act to their office but as such that offce is not exmpt by the state government.

Without even filing a counter to the petition can I argue that the petition should even be admitted for further hearing and vacate the interim stay.
Is that possible.

Please clarify. Thanks.

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Querist : Anonymous (Querist) 02 June 2010
Pls excuse the typo mistakes.
My question is Without even filing a counter to the petition can I argue before the HC that the petition should not even be admitted for further hearing and vacate the interim stay.

Please clarify

Raj Kumar Makkad (Expert) 02 June 2010
Definitely. High Court has given you notice just for the same purpose. You shall have to resist his petition without filing counter reply.

Guest (Expert) 03 June 2010
Surely you can do that but that will not bring success to you. You have to develop solid points / grounds to put before the court that why that particular public authority is amenable to RTI jurisdiction and why the order passed by the RTI commissioner is sustainable in law. For that you have to go thoroughly the writ petition and prepare parawise answer on the facts and on the law. Hence, written counter affidavit will be beneficial for your case. It will also help you while arguing in the court to read out the important points out of your counter affidavit.

Querist : Anonymous (Querist) 03 June 2010
Ld counsels, Thanks a lot. Although I prepared a counter I was not sure if I should file it.

Furhter Do I need a vakalat if I am going to appear myself without any advocate.

Pls clarify this too. I really appreciate your kind response.

thanks.

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