SURYA NARAIN CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, Surya Narain Choudhary, by this writ petition has challenged the validity of the order of the President of India (Annexure-1, dt. Aug. 8, 1981), terminating the period of the office of Governor, held by Shri Raghukul Tilak and has claimed the following reliefs :--

(2.) The case of the petitioner is that he was a member of the Rajasthan Legislative Assembly from June, 1977 to Feb. 17, 1980. He is an active member of the Janata Party and a well known political and social worker, who is keenly interested in the social, political and economic welfare of the State and the people of Rajasthan. He is dedicated to the principles, enshrined in the Constn. and it is his bounden duty to see that the provisions of the Constn. are faithfully implemented and that he being a voter it is his right to see that the House is summoned by a validly and lawfully appointed Governor and not by an illegal incumbent to the office. The petitioner maintains that Shri Raghuhul Tilak was appointed as Governor of Rajasthan on April 20, .1977 during Janta Party regime. He entered the office of the Governor of Rajasthan on May 12, 1977; and his five years' term will end on May 11, 1982. Under Article 156 (3) of the Constn. he could hold his office for a period of five years from the date on which he entered upon his office.

(3.) The petitioner states that the President of India by an order, dt. Aug. 8, 1981. directed that Shri Raghukul Tilak "shall cease to hold the office of Governor of Rajasthan with immediate effect." The provision of Article 156 (1) of the Constn. is subject to the provision of Article 156 (3) and the latter provision is to prevail over the former one and as such the premature termination of the period of Governorship of Shri Raghukul Tilak is not in accordance with the provisions and the spirit of " the Constn.