HAR SHARAN VERMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner has filed this petition under Article 32 of the Constitution praying for the issue of a writ in the nature of quo warranto to the respondent K. P. Tewari who has been appointed in November, 1984 as a Minister of the Government of Uttar Pradesh under Article 164(1) of the Constitution by the Governor of the State of Uttar Pradesh even though he (K. P. Tewari) is not a member of either House of the State Legislature.

(2.) The petitioner who claims to be a votary of pristine democracy and constitutionalism and a crusader against any person who has not been elected to the State Legislature assuming the office of a Minister has argued this case in person with unabated enthusiasm. It is stated that this is the ninth in the series of cases filed by him over a period of twenty-five years in his attempt to prevent erosion of the Executive responsibility to the Legislature.

(3.) In Har Sharan Verma v. Tribhuvan Narain Singh, AIR 1971 SC 1331 which had been filed by the petitioner himself, a Constitution Bench of this Court has held that the appointment of a person as Chief Minister cannot be challenged on the ground that he was not a member of the Legislature of a State at the time of appointment. The grievance of the petitioner against that judgment, is that this Court had not considered the effect of the amendment of Article 173(a) of the Constitution by the Constitution (Sixteenth) Amendment Act, 1963.