JUDGMENT

SAWANT, J.:—On 7th October, 1989, by a notification issued in exercise of The powers conferred by Cl. (2) of Art. 324 of the Constitution, the President fixed, until further orders, the number of Election Commissioners (other than the Chief, Election Commissioner), at two. By a subsequent Notification of 16th October, 1989 issued under the same provisions, the President appointed the petitioner and one Shri V. S. Seigell as Election Commissioners w.e.f. the afternoon of that day. On thesame day, by another notification issued in exercise of the powers conferred by Cl. (5) of Art. 324 of the Constitution, the President made rules to regulate the conditions of service and tenure of office of the Election Commissioners (other than the Chief Election Commissioner). These conditions laid down, among other things, that an Election Commissioner shall hold office for a term of five years or until he attains the age of 65 years whichever happens earlier.

2. On l st January,1990, in exercise of the powers conferred under Article 324(2) of the Constitution, the President issued two notifications - one rescinding, with immediate effect, the notification of 7th October, 1989 creating th