JAGADA NAND JHA Vs. LALOO PRASAD YADAV

JUDGEMENT

(1.) The composition of the Legislative Council in this State is governed by the provisions of Article 171 of the Constitution of India. Under Article 171(5) the Governor made nominations of nine members of the Legislative Council, Respondents 7 to 15. These are the persons having special knowledge and practical experience in literature, science, art, co-operative movement and social service. Their names were published in the Gazette as well.

(2.) Petitioner has filed this present application in person under Articles 226 and 227 of the Constitution of India challenging the validity of the nomination of the Respondents 7 to 15 and its publication in the Gazette. The prayer for issuance of a writ of certiorari has been made, quashing the nomination of these nine members.

(3.) The nominations were made in 1991 and prior to that some nominations were made in 1989. The case of the Petitioner is that there were four vacancies of members of the Legislative Council in 1986 but they were not filled-up in that year.