JANAK RAJ JAI Vs. H D DEVE GOWDA

JUDGEMENT

(1.) On July 5, 1996 we had dismissed the writ petition filed by D". Janak Raj Jai challenging the appointment of Shri H. Deve Gowda as the Prime Minister of India. The ground urged was that Shri Gowda being not a member of cither House of Parliament, the President could not have made the said appointment.

(2.) On July 30, 1996 was moved this petition for review of our order on the ground that Shri Deve Gowda, being a sitting Member of the Legislative Assembly, Karnataka, could not be sworn the oath of office of the Prime Minister of India and that consequently his appointment to the said office was "bad in law, void ab initio and in violation of the provisions of the Constitution of India."

(3.) Though Shri Deve Gowda bestrides the story, the learned Attorney General who appeared for him adopted the strategy of distancing him from us, as F. Scott Fitzgerald did in the Great Gatsby, by forwarding the argument that the review petition itself was not maintainable and by making a plea that we should proceed to decide the said objection first. Since Dr. Jai had no objection, the arguments centred around the said objection only.