HAR SHARAN VARMA Vs. CHANDRA BHAN GUPTA

JUDGEMENT

(1.) This is a petition by Sri Har Sharan Verma under Article 226 of the Constitution praying for the issue of a writ in the nature of quo warranto to Sri Chandra Bhan Gupta, Chief Minister, Government of Uttar Pradesh, Lucknow, to show by what authority he claims to hold the office of Chief Minister and to be a member of the Legislative Council. The petitioner asks for a declaration that Mr. Chandra Bhan Gupta's appointment as Chief Minister and nomination to the Legislative Council are invalid and unconstitutional, and he also wants this Court to declare the office of the Chief Minister and the seat held by Mr. Chandra Bhan Gupta vacant, and issue an injunction against Mr. Gupta restraining him from functioning its Chief Minister or as a nominated member of the U. P. Council. The respondents to this petition are Sri Chandra Bhan Gupta and Dr. B. Ramkrishna Rao, Governor of Uttar Pradesh.

(2.) In his affidavit supporting the petition Sri Har Sharan Varma states that he is a ratepayer and a voter of the Lucknow City Constituency for the Uttar Pradesh Legislative Assembly. The allegations on which this petition is founded are these : Mr. Chandra Bhan Gupta was appointed Chief Minister of Uttar Pradesh by the Governor on 7th December, 1960. A gazette notification, which according to the petitioner, announced this appointment was published in the Gazette Extraordinary dated December 7, 1960. Mr. Gupta was not a member of the Uttar Pradesh State Legislature at the time of his appointment. The petitioner alleges that Mr. Gupta contested the election to the Legislative Assembly twice--once from the Lucknow city constituency in 1957, and again from Maudaha (Hamirpur) Rural constituency in 1958--but was defeated in each election. But on 23-1-1961 the Governor of Uttar Pradesh nominated him a member of the Legislative Council in a vacancy caused by the resignation of a city member, Dr. B. B. Bhatia of Lucknow, which however, was not gazetted until the 28th of January 1961.

(3.) The petitioner alleges that Mr. Chandra Bhan Gupta