RAM NAGINA SINGH Vs. S V SOHNI

JUDGEMENT

(1.) These three writ applications have been heard together and will foe governed by a common judgment. In these writ applications prayers have been made for issue of a writ in the nature of quo warranto as also prohibition. During the course of argument, however, it was rightly conceded that the writ of prohibition will not be attracted. That is so because no judicial or quasi-judicial order or proceeding is challenged, in these writ applications. The substantial prayer, therefore, is with respect to issue of a writ in the nature of quo warranto as against respondent No. 1. Substantially therefore, the appointment of respondent No. 1 as Lokayukta is under challenge.

(2.) The law making provision for the appointment, and laying down function, of the Lokayukta was for the first time made by promulgation of Bihar Lokayukta Ordinance, 1973 being Ordinance No. 3 of 1973. The Ordinance was signed on 12-1-1973 by the then Governor and published in the Bihar Gazette on 18-1-1973. No action was taken in pursuance of the Ordinance. On 14-3-1973 a bill in terms of Ordinance was introduced in the Bihar Legislative Council. On 8-4-1973 the first Ordinance lapsed. Hence necessity of the Second Ordinance being Bihar Lokayukta (Second) Ordinance, 1973 (the 'Second Ordinance'). The Governor signed this Ordinance on 6-5-1973 and the same was published in the Bihar Gazette on 11-5-1973. Section 3 of the Ordinance relates to the appointment of Lokayukta. In the exercise of purported power under the provisions of this Ordinance respondent No. 1 was appointed as the Lokayukta. The aforesaid appointment is under challenge for various reasons which shall be indicated hereinafter. The Ordinance envisages the appointment by a warrant under the hand and seal of the Governor. During the course of argument the warrant was produced, which is dated 26-5-1973.

(3.) The Second Ordinance lapsed on the mid-night of 26th August. 1973. The lapse was followed by promulgation of a Third Ordinance, called Bihar Lokayukta (Third) Ordinance (the 'Third Ordinance'). The Ordinance was signed by the Governor on 5-10-1973 and published in the Bihar Gazette on 8-10-1973. This was followed by the Bihar Lokayukta Act, 1973, Bihar Act 6 of 1974 (the 'Act').