ASOK PANDE Vs. UNION OF INDIA

JUDGEMENT

(1.) In a petition invoking the jurisdiction of this Court in the public interest, the petitioner seeks a writ of certiorari for quashing the appointment of Sri Ram Naik as the Governor of Uttar Pradesh. The petitioner seeks a mandamus directing and commanding the respondents to consult the Chief Minister of Uttar Pradesh before appointing a new Governor. The first respondent to the petition, the Union of India has been impleaded "through Secretary to President, Rashtrapati Bhawan, New Delhi".

(2.) Article 361 of the Constitution provides inter alia that the President shall not be answerable to any Court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties.

(3.) In the earlier writ petition before this Court (Misc. Bench No. 2246 of 2012) instituted by the petitioner, a counter-affidavit has been filed by the Union Government specifically stating that under the Allocation of Business Rules of the Union Government framed under Article 77(3) of the Constitution, responsibility in regard to the appointment, resignation and removal of Governors and related matters has been entrusted to the Union Ministry of Home Affairs.