SUNIL KUMAR TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER No. 1 claims to be a Social Worker and Secretary of petitioner no. 2, Servers of Society, an organization purportedly working in the interest of society at large and its members are social workers, lawyers, doctors, engineers etc and in this writ application, their prayer is for issuance of a writ in the nature of quo -warranto for removal of Respondent No. 8 J.K. Dutta as the State Election Commissioner.

(2.) FACTS lie in a narrow compass.

(3.) MR . R.S. Pradhan, Senior Advocate, appearing on behalf of Respondent No. 8 has questioned the locus of the petitioners to challenge his appointment. It has been pointed out that petitioner no. 1, according to his own showing, is a Social Worker and Secretary of an unregistered organization and hence has no locus to question the validity of his appointment. It has vaguely been suggested that the writ application filed by the petitioner is politically motivated at the instance of certain politicians, who could not get due favour from him. According to him, the writ application is politically motivated and can very well be termed as political interest litigation and deserves to be thrown out on this ground alone. However, no specific details has been given as to who are the politicians and at whose instance the application has been filed and how it can be said to be politically motivated.