ARUN KUMAR RAI CHAUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) On 15-5-1991 while dismissing the writ petition we directed that the reasons or dismissal of the writ petition will be given later on. We are accordingly giving the reasons for our judgment in this writ petition.

(2.) By means of this writ petition under Art. 226 of the Constitution the petitioner who is a citizen of India and claims to be a freedom fighter has questioned the continuance of Sri Mulayam Singh Yadav as a Chief Minister of Uttar Pradesh and his Council of Ministers. It is prayed that a writ of quo-warranto be issued to Shri Mulayam Singh Yadav to show cause under what authority he purports to act as Chief Minister of State of U.P. and further to oust him from the office of Chief Minister of Uttar Pradesh as he has no constitutional authority to hold the said office and function as such.

(3.) It is not disputed that Shri Mulayam Singh Yadav was appointed by the Governor as Chief Minister of Uttar Pradesh and on his advice the Council of Ministers were appointed. Subsequently on the advice of the Chief Minister the Governor of U.P. dissolved the Legislative Assembly of Uttar Pradesh and fresh poll for constituting the Legislative Assembly was ordered.