ORDER : - This application for special leave is directed against the order of the Lucknow Bench of the Allahabad High Court dated 17th October, 1986, rejecting the petitioners application in limine by a reasoned order under Art. 226 of the Constitution challenging the appointment of Shri Sita Ram Kesari as a Minister of State of the Central Cabinet though he was not a Member of either House of Parliament then. There is a delay of 11 days in the making of this application and the petitioner who has appeared in person has not applied for condonation of delay. The petitioner appeared in person to support the application and relied upon the written note filed by him which is already a part of the record. He also filed a printed book-let where reference to the point in issue has been indicated.

2. Shri Sita Ram Kesari has admittedly ceased to be a Minister and the issue is no more a live one. It is a well accepted practice that Courts do not undertake interpretation of the Constitution unless there be a live issue before them. The petitioner has indicated in his written note and reiterated the same during the oral submissions that for the last 25 years he has been raking up the same i