INDIAN UNION MUSLIM LEAGUE Vs. UNION OF INDIA

JUDGEMENT

(1.) In the shape of public interest litigation, this petition under Art. 226 of the Constitution is filed by a political wing of the Indian Union Muslim League through its Bihar State President, Md. Kamran and its other four members, against the Union of India, State of Bihar, State of West Bengal and others, also arraying His Excellency (H.E.) the Governor of Bihar as respondents Nos. 9 and 10 by names, seeking quashing of the Presidential notification of transfer and appointment of the Governor of Bihar H.E. Dr. A. R. Kidwai to the State of West Bengal and appointment of H.E., Sri Sunder Singh Bhandari as Governor of Bihar in place of H.E., Dr. A. R. Kidwai, contending that both the notifications are unconstitutional.

(2.) Before discussing the point in issue involved in this petition, we feel it necessary to mention that neither it was expedient nor legally permissible in view of the immunity clause under Art. 361 of the Constitution to implead H.E. the Governor of the State of Bihar as respondents Nos. 9 and 10 in their personal capacity as Governor. Besides, the petition as framed and filed in a telegraphic manner, without annexing any document, muchless the notifications in question and using unhappy words, is somewhat strange in itself and that is why repeatedly during the course of hearing we expressed that the petition as framed is not maintainable. However, without paying any heed to it, persistent insistence was made to decide it. This is how the Court, at times, has to face anomalous situation at the sad plight of Court's valuable time.

(3.) Thus, what we have to decide, in nut-shell, is that : once H.E. the Governor is appointed by the President of India in accordance with the provisions of Art. 155 of the Constitution of India as appearing in Part VI, Chapter II of the Constitution and takes or subscribes oath of office as per the provisions of Art. 159 of the Constitution in the State, in the instant case, in the State of Bihar, can he be transferred to other State, in the instant case, in the State of West Bengal, before completing the total tenure of five years.