The Court has the power to scrutinize the qualifications of the person nominated as Chairman of the Board of School Education, as the statute prescribes certain qualifications for holding the office.

( 1 ) THE petitioners, Kanwar Durga Chand and Shri Daulat Ram Chauhan, are elected members of the Legislative Assembly for the Union Territory of Himachal Pradesh. They have filed the present petition under Article 226 of the Constitution in which their prayers are as follows :

" (A) to quash notification No. I 222/70 Sectt. Edu, I, dated 19th February, 1970. whereby the respondent No. 3 was nominated as Chairman of the Board of School Education for Himachal Pradesh: (b) to issue a writ in the nature of quo warranto to oust respondent No. 3 from the office of Chairman of the Board. which is held by him without any legal authority as usurper; (c) to issue a writ in the nature of mandamus directing the respondent No. 1, to nominate an eminent educationist having special experience in school education as Chairman of the Board; and to elect a third person as member of the Board from amongst the members of Legislative Assembly of Himachal Pradesh; (d) to direct respondent No. 3 not to function as Chairman of the Board. "

( 2 ) THE respondents impleaded in the petition are: The Administrator Himachal Pradesh (respondent No. 1), Union of India (respondent No. 2), Rana Kultar Chand (respondent No. 3) and 16 others.

( 3 ) THE facts as to which there is no dispute are briefly as follows : The Himachal Pradesh Board of School Education Act (No. 14 of 1968), hereinafter referred to as the Act which was passed by the Legislative Assembly for the Union Territory of Himachal Pradesh came into force on 5-8-1968. Section 3 of the Act provides for the establishment of a Board of School Education for Himachal Pradesh while Section 4 provides for the composition of the Board. Apparently the Board is a fairly large body and has to perform several important functions and exercises enormous powers in relation to School Education in Himachal Pradesh as set forth in Section 10 of the Act.

( 4 ) ACCORDING to Section 4. among other members, the Board is to consist of three persons elected by the Himachal Pradesh Legislative Assembly from amongst its members. It has also to have a Chairman who is to be nominated in accordance with Section 18 of the Act.

( 5 ) BY a notification issued by the Government of Himachal Pradesh dated 3-11-1969 the Administrator (Lieutenant-Governor) Himachal Pradesh directed that Shri Tapindra Singh, M. L. A, Shri Kultar Chand Rana, M. L. A. , and Shri Lekh Ram Thakur, M. L. A. , shall be the elected members of the Board, besides several other persons who were designated as nominated and co opted members thereof on 19-2-1970 the Government issued another notification whereby Shri Kultar Chand Rana, M. L. A. was nominated as Honorary Chairman of the Board with immediate effect.

( 6 ) THE petitioners contend that Shri Kultar Chand Rana (respondent No. 3) does not possess the qualifications required by Section 18 (1) of the Act and as such he could not have been nominated as Chairman of the Board. They also contend that respondent No. 3 has been nominated by the Government as Chairman of the Board with a view to bring the whole educational set up in Himachal Pradesh under the direct control of the political party in power to which he belongs. His nomination, it is alleged, has thus been made with the collateral object of advancing the interests of the ruling party, is an abuse of power and is mala fide.

( 7 ) THE petitioners further contend that under Section 4 of the Act, in addition to the nominated, ex officio and co-opted members, the Board has to consist of at least three elected members of the Legislative Assembly, besides the Chairman. But with the appointment of respondent No. 3 who is a member of the Legislative Assembly as Chairman of the Board, the representation of the Legislative Assembly on the Board has been reduced from three elected members to two. As such the Board is not properly constituted.

( 8 ) WHEN this petition first came up for admission before us on 26-6-1970. we felt disinclined to issue a