"I was part of a committee which was involved in formulating the e-court filing of petitions. The provision relating to the e-court is part of the Act (Court Fee (Delhi Amendment) Act, 2012)," Justice Badar Durrez Ahmed said while recusing himself from hearing the case.
The bench comprising Justice Ahmed and Justice Manmohan then referred back the petition of the Delhi High Court Bar Association (DHCBA) to Acting Chief Justice A K Sikri for transferring it to some other court.
The matter is expected to come up for hearing before another bench tomorrow.
On September 10, the Acting Chief Justice had transferred the case, saying, "The bench, which hears the matter, will have to pass the order also", as he may be elevated as the Chief Justice of another high court.
Earlier, the Delhi High Court had stayed the government's decision to enforce the Court Fee Act.
On the last date of hearing, the Delhi Government had objected to the appearance of Additional Solicitor General A S Chandhiok for Delhi High Court Bar Association (DHCBA) and supporting the stand of the lawyers' body.
"He (ASG) is also appointed by the President. It is a constitutional issue," Najmi Waziri, the counsel for the government, had told the court.
