‘Poll code can’t stall appointments to real estate appellate tribunal’

The High Court said that making the tribunal functional by appointing the chairperson and the member is imperative to reduce the number of increasing cases before it

The High Court of Karnataka has said that the model code of conduct for the ensuing Lok Sabha elections cannot stall the process of appointing the chairperson and member of the Karnataka Real Estate Appellate Tribunal (KREAT) based on the earlier directions issued by the court in this regard.

Justice M. Nagaprasanna passed the order while hearing a petition filed by Bengalurubased Mathew Thomas, who brought to the court the nonfunctioning of the appellate tribunal due to vacant posts.

The court passed the order after the State Advocate General pointed out that the announcement of elections and model code of conduct has become an impediment to executing the earlier orders of the court for initiating the process to make appointments to vacant posts in the tribunal and the Karnataka Real Estate Regulatory Authority (KRERA).

Earlier direction

Pointing out that the court, since January 2024, has been issuing directions to the State to initiate the process to make appointments to these posts without brooking any delay, the court said that directions issued by it since January 22, 2024, “cannot be stalled on the ground that the elections are now declared.”

The High Court said that making the tribunal functional by appointing the chairperson and the member is imperative to reduce the number of increasing cases before the High Court as the litigants, who were supposed to knock on the doors of the tribunal on the orders of the KRERA, are at present directly approaching the court due to nonfunctional tribunal.