JUDGMENT

P.Sathasivam, CJI. –

Writ Petition (C) No. 410 of 2012

1) The above writ petition, under Article 32 of the Constitution of India, has been filed by the petitioner seeking a writ of quo warranto against Mr. Justice N.K. Mehrotra (retd.), Lokayukta for the State of Uttar Pradesh, Respondent No. 2 herein, for continuing as Lokayukta after 15.03.2012. The petitioner is also challenging the constitutional validity of the Uttar Pradesh Lokayukta and Up-Lokayuktas (Amendment) Act, 2012 (for short “the Amendment Act”) to the extent being ultra vires to the provisions of the Constitution of India.

2) Brief facts:

(a) Mr. Justice N.K. Mehrotra (retd.), Respondent No. 2 herein, was appointed as Lokayukta for the State of Uttar Pradesh on 16.03.2006 under the Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975 (for short “the Act”).

(b) Section 5(1) of the Act provides that the term for which Lokayukta shall hold office is six years from the date on which he enters upon his office. Further, Section 5(3) provides that on ceasing to hold office, the Lokayukta or Up-Lokayukta shall be ineligible for further appointment, whether as a Lokayukta or Up-Lokayukta or in any other capacity under the