Although he rightly agreed that the petition had now become infructuous, he insisted that judges must not get into issues like appointment or selection in administration. To the advocate’s argument that now since elections were over and there was all possibility of Pandey returning to his post, Justice Katju opined, “He may or may not be a desirable man but it is for the state Government to decide.” However not agreeing with the line taken by Justice Katju, Justice Sema directed the petitioner organisation to furnish before it the recent order of the EC on his removal.
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