P K BHANDARI Vs. HONERABLE SPEAKER LOK SABHA

JUDGEMENT

(1.) The petitioner has filed a writ of Quo Warranto petition challenging the appointment of respondent No. 2. He has prayed that respondent No. 2 be restrained from functioning in the Lok Sabha Secretariat in the capacity of the Secretary-General of Lok Sabha. In this petition a show cause notice was not issued by the Court, but according to the rules, an advance copy of the petition has been given to the respondents and in pursuance thereto, the respondents appeared during the preliminary hearings of the petition.

(2.) The brief facts which are necessary to dispose of this petition are recapitulated as under:

(3.) By the notification dated 12.7.1996 respondent No. 2 Shri A. Gopalan was appointed as the Secretary General of the Lok Sabha by the Hon'ble Speaker of Lok Sabha. The petitioner submitted that the appointment of respondent No. 2 as the Secretary General in the Lok Sabha, Secretariat is contrary to the mandatory statutory provisions as contemplated under 1995 Rules and is clearly in violation of memorandums dated 18.5.1977 and 17.11.1992 issued by respondent No. 3, the Union of India.