Judgement

ORDER: The Appeal shall stand dismissed, but there shall be no order as to costs. Reasons for our judgment will follow. Stay order is vacated.

2. The following Judgment of the Court was delivered by

HIDAYATULLAH, C.J.I. : This appeal is brought against an order of the High Court at Patna, November 4, 1967, dismissing a petition under Arts. 226 and 227 of the Constitution. By that petition the appellants sought a declaration that a notification of the Governor of Bihar appointing a Commission of Inquiry under the Commissions of Inquiry Act, 1952, was ultra vires illegal and inoperative and for restraining the Commission from proceeding with the Inquiry. The High Court dismissed the petition without issuing a rule but gave detailed reasons in its orders. The appellants now appeal by special leave granted by this Court. After the hearing of the appeal concluded we ordered the dismissal of the appeal but reserved the reasons which we now proceed to give.

3. As is common knowledge there was for a time no stable Government in Bihar. The Congress Ministry continued in office for some time under Mr. Binodanand Jha and then under the first appellant, Mr. K. B. Sahay. When the Cong