( 1 ) THIS is an application by Shri Jatin Chakra-vorty, a membsr of the West Bengal Legislative Council, for the issue of a writ in the nature of 'giro Warranto', restraining the respondents from acting as a Judge of the High Court of Calcutta and from exercising the duties and functions of a Judge. There are five respondents to this application. The first is the present Chief Justice cf this Court and the retraining four are puisne Judges.

( 2 ) IN this application, the petitioner challenges the validity of the Constitution (Fifteenth Amendment) Act 1963 which came Into operation on the 6th October 1963, and which inter alia amended Article 217, in Ch. V, Part VI of the Constitution.

( 3 ) PREVIOUS to the amendment, a Judge of a High Court held office until he attained the age of sixty years. By the amendment, the retiring age has been increased to sixty two. Under the old provision, the respondents attained their retiring ages as follows: 1. The Chief Justice -------- 1st March 1964. 2. Mr. Justice U. C. Law -------- 30th December 1963. 3. Mr. Justice D. N. Das Gupta ------ 1st Jan. 1964.

( 4 ) MR. Justice P. C. Mallick ------ 12th March 1964.

( 5 ) MR. Just