VIRENDRA SWARUP Vs. PRESIDENT OF INDIA AND OTHERS

JUDGEMENT

(1.) JUDGEMENT Shri Virendra Swarup (hereinafter referred to as the petitioner) has approached this Court under Article 226 of the Constitution of India and has prayed for the issue "of an order, direction or writ in the nature of certiorari" to quash the order contained in letter dated 13-5-1968 (annexure 2) and for "an order, direction or writ in the nature of mandamus directing the respondents not to implement or give effect to the aforesaid order". There is also the prayer for a writ of mandamus directing the respondents Nos. 1 and 2 not to withhold the amenities and emoluments of the petitioner as Deputy Chairman of the Legislative Council so long as he continues to be the member of the Council. In addition there is the usual prayer for the issue of any other writ or direction as this Court may in the circumstances of the case deem it fit and proper to issue.

(2.) THE respondent no. 1 is the President of India, the respondent no. 2, the Governor of U. P., the respondent no. 3, the State of U. P. and the respondent no. 4, Sri Darbari Lal Sharma.

(3.) ACCORDING to the petitioner, the Governor of U. P. directed Sri Parmatma Saran Pachaury, Secretary of the Council to announce that Sri Darbari Lal Sharma was to function as the Deputy Chairman also from 6th of May 1968. Thereupon Sri Pachauri issued letters to the members of the Council on 13th of May, 1968. The letter reads: