HARENDRA PRATAP SINGH Vs. NARENDRA DAMODAR DAS MODI

JUDGEMENT

(1.) The petitioner is an advocate practicing at Patna. He filed this writ petition in public interest with a prayer to issue a writ of quo warranto and/or any other appropriate writ quashing the swearing in/appointment of respondents 2 to 8 as Ministers of Government of India and that of respondents 11, 12 and 13 as Ministers in the Government of State of Bihar.

(2.) It is stated that though the respondents referred to above were not elected to the House of People (Lok Sabha) or the Legislative Assembly (Vidhan Sabha), as the case may be, they have been inducted into the ministry by administering oath. He contends that with the introduction of Clause-(1-A) of Article-75 of the Constitution of India and Clause-(1-A) of Article- 164 thereof, it is only a person who is elected to the House of People or the Legislative Assembly, as the case may be, that can be inducted into the respective ministries and not otherwise. He submits that the induction of respondents into ministries subsequent to introduction of such specific provisions such as Clause-1-A in Articles 75 and 164 of the Constitution of India, is untenable.

(3.) The petitioner, who argued in person, has also placed reliance on certain precedents.