ANIL KUMAR MUKUND, SON OF LATE RIT NARAYAN LAL DAS, RESIDENT OF 1A/12, NEW PATLIPUTRA, NEAR BORING ROAD, PAANI TUNKI, PS PATLIPUTRA, DISTRICT PATNA Vs. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) The present Public Interest Petition has been filed by an Advocate of this Court seeking a writ of Quo Warranto against the functioning of the Advocate General, Bihar, after he has crossed the eligibility criteria of age limit of 62 years, as contained in Art. 217 of the Constitution of India.

(2.) The respondent No. 4 was appointed as Advocate General, Bihar, on 24th Nov., 2015, i.e., after he had attained the age of 62 years. It is pleaded that respondent No. 4 became Advocate General number of time, but now he has become frail and is not able to cope with the heavy workload and the responsibility of the post after his open-heart surgery.

(3.) The petitioner, who appeared in person, vehemently argued that respondent No. 4 is not eligible for appointment as Advocate General of the State for the reason that he was more than 62 years of age and thus being not eligible for appointment as a Judge; consequently, he was not eligible for appointment as Advocate General as well.