DINESH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has prayed for following reliefs:-

(2.) Petitioner seeks writ of quo warranto for removal of respondent no.3, who is at present holding the post of Advocate General, Bihar being in violation of Article 165(3) of Constitution of India. Petitioner submits that in July, 2017, respondent no.3 was appointed as the Advocate General, Bihar after the formation of new ministry, term of which ended on 27/11/2020 and, thereafter, General Elections were held and a new Council of Ministers headed by Chief Minister was sworn in but respondent no.3 was not appointed as the Advocate General by the new regime and no notification was issued by the new government appointing Respondent no. 3 as Advocate General of the State.

(3.) Petitioner referred to Article 165(1) which mandates that the Advocate General shall be appointed by the Governor of the State and Article 165(3) contemplates that Advocate General shall hold the office of the Advocate General during the pleasure of Governor.