HARENDRA PRATAP SINGH Vs. NITISH KUMAR

JUDGEMENT

(1.) PETITIONER , being a practicing Advocate of this Court and professing to be public spirited person, has filed this writ petition. By this writ petition, he has sought a writ of quo warranto challenging the validity of appointment of Shri Nitish Kumar as the Chief Minister of this State who was sworn in as such by the Governor of Bihar on 24.11.2010. He has further sought a writ of quo warranto in relation to appointment of Dr. Manmohan Singh as the Prime Minister of India who was so appointed by the President of India on 22.5.2009.

(2.) THE solitary ground on. which he has challenged these appointments is based upon Article 164(1)(1 -A) and Article 75(1)(1 -A) of the Constitution respectively. The relevant parts thereof are quoted hereunder: - -

(3.) HAVING heard the learned counsel, in my view, the argument is totally misconceived. It is noted only to be rejected outright without notice to any respondents or hearing them. Prior to the 91st Constitutional Amendment, the question came up before the Apex Court as to whether a person could be Prime Minister or Chief Minister without being member of either of the two Houses constituting the Parliament or the State Legislature. The Parliament consists of the Lok Sabha and the Rajya Sabha. Similarly, in Bihar, the State Legislature consists of Vidhan Sabha and Vidhan Parishad that is the Legislative Assembly and the Legislative Council. This question was answered by the Apex Court in the case of Har Sharan Verma v. Shri Tribhuvan Narain Singh, Chief Minister, UP since reported in : AIR 1971 Supreme Court 1331 wherein the Apex Court rejected the challenge in respect of appointment of Chief Minister who was not a member of either of the house. Then in the case of S.P. Anand, Indore v. H.D. Deve Gowda & Others since reported in : (1996) 6 Supreme Court Cases 734, the challenge was made to the appointment of Prime Minister on the same ground. The challenge was again repelled by the Apex Court. Thus, the Apex Court clearly held that a person need not be a member of the Legislator to be appointed as Prime Minister or Chief Minister.