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1960 Supreme(SC) 323

N. RAJAGOPALA AYYANGAR, S. R. DASS, K. C. DAS GUPTA, B. P. SINHA, S. K. DAS, J. R. MUDHOLKAR
Rameshwar Dayal: Union Of India – Appellant
Versus
State Of Punjab – Respondent


Advocates:
A.S.R.CHARI, A.V.VISHWANATHA SASTRI, B.D.PATHAK, D.GUPTA, D.GUTPA, GURCHARAN SINGH, H.N.SANYAL, K.L.Arora, K.L.Mehta, M.K.NAMBIYAR, M.S.K.Shastri, N.S.BINDRA, OM DUTT SHARMA, R.Ganapathy Iyer, R.H.Dhebar, S.M.Sikri, TIRATH SINGH MUNJRAL

Judgment

S. K. DAS, J. : This is an appeal by special leave from an order of the High Court of Punjab dated September 21, 1959, by which it summarily dismissed a petition made by the present appellant under Art. 226 of the Constitution for certain reliefs in respect of five persons, two of whom are now working as Additional Judges of the Punjab High Court, the third as Officiating Judge of the same Court, the fourth as District and Sessions Judge, Delhi, and the fifth as Registrar, Punjab High Court, Chandigarh. Shorn of details which are not material, the case of the appellant was and is that the aforesaid five persons, now respondents 2 to 6 before us, were not qualified to be appointed as District Judges under Art. 233 of the Constitution at the time when they were so appointed by the State Government, now respondent 1 before us, and, therefore, their appointment as such was constitutionally invalid; and the appellant claimed by way of his main relief that a writ in the nature of a writ of quo warranto should issue "ousting them from their office and restraining them from exercising the powers, duties and functions of the posts they are holding and from claiming any rights, privi













































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