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1984 Supreme(SC) 334

E. S. VENKATARAMIAH, Y. V. CHANDRACHUD
Harsharan Verma – Appellant
Versus
Charan Singh – Respondent


Advocates:
GIRISH CHANDRA, R.N.Poddar

ORDER

1. The appellant had filed a writ petition in the High Court of Allahabad challenging the continuance in office of Shri Charan Singh as the Prime Minister and Shri S. N. Kacker as Minister of Law, Justice and Company Affairs, stated briefly, the contention of the appellant is that Shri Charan Singh failed to seek the mandate of the Lok Sabha within three weeks after assuming the offices of the Prime Minister as directed by the President of India, that instead of "facing the House" he submitted the resignation of his Government on August 20, 1979 and that his continuation in office thereafter as a caretaker Prime Minister without taking a fresh oath of offices was unconstitutional. The writ petition was dismissed by the High Court by a Judgment dated December 10, 1979 but, it has granted a certificate of fitness to the appellant to file this appeal.

2. It is a well-known fact of history that the Government of Shri Charan Singh was in office for a very brief spell. It fell soon after it assumed office, indeed, too soon. The issues raised by the appellant are not longer live and it is not the practice of this court to decide questions of mere academic importance. We must, howeve

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