'You're Making Mockery Of The System': Madhya Pradesh HC Directs State To Speed Up Approval Process To Appoint Arbitration Tribunal Members

The Jabalpur Bench of Madhya Pradesh High Court on Monday (January 20) has directed the State to speed up the process for administrative approval for appointment of members of Abitration Tribunal and amendment of Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983.For context, the Act provides for the establishment of a Tribunal to arbitrate in disputes to which the State government or a Public Undertaking [wholly or substantially owned or controlled by the State Government], is a party, and for matters incidental thereto or connected therewith.Notably, in its February 17, 2021 the court had opined that respondents ought to examine the advisability of suitably increasing the strength of the Tribunal by having more number of judicial as well as the technical members to cope with the huge pendency and increasing work load so as to adhere to the time line provided in Section 16(2) of the Act. Thereafter in its December 20, 2024 order the Court noted that nearly 4 years had passed, still no decision has been taken by the respondents till date. On this date, the Court had granted time to the respondent/state to take instructions.On Monday (January 20), the division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain in its order observed, “Counsel appearing on behalf of the State has informed this Court that proposal for amendment has already been sent to the Law Minister, Government of M.P. for administrative approval and on receipt of the same further proceedings shall be initiated. Let the administrative approval be sought before the next date of hearing".During the hearing, the counsel for the petitioner submitted that the PIL was moved with respect to the appointment of members in the Tribunal under Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 and rules required to be framed. Reading the court's earlier orders he submitted, “the two new suggestions. One is in light of Roger Mathew because no rules for appointment of member and chairman has been framed till date. In the light of Supreme Court judgement in Roger Mathew, a committee is to be constituted by one of the nominee and…”The court at this stage said, “Let them seek instruction and then we will see.”To this the State's counsel said, “I have received instructions in the matter. The amendment that has been proposed has been placed for administrative approval. They are 3 files which are in the process of grant of administrative approval. One is in respect of the amendment in the provisions of the Act. Second is in respect of filling up of the posts which are vacant. The details of various sections which are sought to be amended has been given therein.” However the petitioner's counsel said that the for last 6 months, the posts are lying vacant. To this State's counsel said, “Anytime in this week itself, the administrative approval will be granted and thereafter, immediately we will initiate the proceedings in respect of the appointment of members as well as the amendment of the Act.”The court orally enquired as to who is will be granting the approval. To this the State's counsel answered, “It is to be ratified by the Law Minister. I apologise my Lord, a short time may be given, I will place before the Hon'ble Court that the administrative approval has been granted.”The court said, “Day after. Sign hi toh karna hai. That's all. Sign karne me itna time lag raha hai.” (It has be signed. Its taking this much time for it to be signed)The State's counsel said, “After the court passed the last order, I ensured that the entire draft is prepared of the amendment and finalised and placed before the competent authority and we are taking steps in respect of every single direction which has been given.”To this the court orally said, “Burn midnight oil and complete this. You are making mockery of the system. If court is lenient and court is giving time that doesn't mean you take whatever manner you want.”Thereafter, the matter was listed for hearing on January 27.Case Title: Sanjay Kumar Patel versus The State Of Madhya Pradesh And Others, W.P. No.46/2021Click Here To Read/Download Order

'You're Making Mockery Of The System': Madhya Pradesh HC Directs State To Speed Up Approval Process To Appoint Arbitration Tribunal Members

Anukriti Mishra

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