DURGA CHAND Vs. ADMINISTRATOR

JUDGEMENT

(1.) The petitioners, Kanwar Durga Chand and Shri Daulat Ram Chauhan, are elected members of the Legislative Assembly for the Union Territory of Himachal Pradesh. They have filed the present petition under Article 226 of the Constitution in which their prayers are as follows :

(2.) The respondents impleaded in the petition are: The Administrator Himachal Pradesh (respondent No. 1), Union of India (respondent No. 2), Rana Kultar Chand (respondent No. 3) and 16 others.

(3.) The facts as to which there is no dispute are briefly as follows : The Himachal Pradesh Board of School Education Act (No. 14 of 1968), hereinafter referred to as 'the Act' which was passed by the Legislative Assembly for the Union Territory of Himachal Pradesh came into force on 5-8-1968. Section 3 of the Act provides for the establishment of a Board of School Education for Himachal Pradesh while Section 4 provides for the composition of the Board. Apparently the Board is a fairly large body and has to perform several important functions and exercises enormous powers in relation to School Education in Himachal Pradesh as set forth in Section 10 of the Act.