Y N NAGARAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER being an Advocate practicing before this Court has filed the above public interest litigation petition for issue of a writ of quo-warranto against the respondent No. 2 to oust him from the office of Karnataka State Information Commissioner by determining the invalidity of his appointment.

(2.) WE have heard Sri X. M. Joseph, Advocate for petitioner, Smt. Niloufer Akbar, learned Additional Government Advocate for R-1 and Sri ashok Harnahalli, learned Advocate appearing for respondent No. 2.

(3.) THE petitioner has challenged the appointment of 2nd respondent as 'state Information Commissioner' mainly on two grounds viz. , (1) earlier the 2nd respondent was a member and Chairman of the Karnataka Public service Commission and (2) his appointment as State Information commissioner is barred under Article 319 of the Constitution of India.