MANENDRA NATH RAI Vs. VIRENDRA BHATIA

JUDGEMENT

(1.) This writ petition has been filed in the nature of Public Interest Litigation by two practising Advocates of this Court challenging the appointment of Sri Virendra Bhatia as Advocate General of the State. The petition has been argued by Sri Manendra Nath Rai, petitioner No. 1 in presence of Sri Sushil Kumar Singh, petitioner No. 2, who has stated that he adopt the arguments advanced by Sri Manendra Nath Rai.

(2.) On the formation of the present Government, Sri Virendra Bhatia has been appointed as Advocate General of the State on 16-9-2003.

(3.) While making a challenge to the aforesaid appointment of Sri Virendra Bhatia, the petitioner, Manendra Nath Rai has drawn attention of the Court to Article 217 of the Constitution of India. His submission is that even in the case of appointment to the office of the Advocate General the Governor has to consult or should consult the Chief Justice of the State. For elaborating the aforesaid argument, he has placed reliance upon Article 217 (1) of the Constitution of India, which provides consultation with the Chief Justice of the State in the matter of appointment of a Judge of the High Court.