Recently, the RTI filed by Advocate Nipun Singhvi reveals that the 6 former members of NCLT (4 Judicial And 2 Technical) have completed 5 years of tenure and but not attained 65 years of age.
The RTI reveals 4 Judicial Members namely Bethala Shantha Vijaya Prakash Kumar; Rajeshwar Rao Vittanalla; Ms. Manorama Kumari; R Vardharajan and 2 technical members namely, V Nallasenapathy and Ravi Kumar Duraisamy.
In an RTI filed by Nipun Singhvi, Advocate and RTI activist requesting information on the reappointment status of the NCLT members who had completed tenure of 5 years but have not attained the age of 65 years.
Further, the RTI revealed that the vacancy notice issued by the Ministry of Corporate Affairs has issued advertisement (dated 13.10.2021) as per discussion held in a Committee headed by Chief Justice of India.
Also, the reply further clarifies that there are no separate vacancies for former NCLT Members.
The Selection Committee for appointment and reappointment of Members in NCLT has been constituted under the Chairmanship of Hon’ble Chief Justice of India which discussed the matter in its meeting held on 27.07.2021. Subsequently as decided by the Committee in its meeting held on 09.10.2021 decided to issue advertisements to fill up the vacant posts of Members in NCLT. The advertisement was issued on 13.10.2021.
There is no separate vacancy for the ex-members eligible for reappointment.
As per Section 413 (1) of the Companies Act, 2013, every Member shall hold office for a period of five years from the date on which he/ she enters upon his/her office but shall be eligible for re-appointment for another term of 5 years. Further, as per Section 413(2), a Member shall hold office until he attains the age of 65 years.
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