VIJENDER JAIN, ACJ.

( 1 ) THIS writ petition was filed in the year 1999 with the following prayers :-" (i) the President had no discretion in the matter and he should have invited the acknowledged leader of Opposition in Lok Sabha during the process of consultation and not a person who was not the elected member of the House; (ii) the disregard to the well established Constitutional Convention has hurt the basic structure of the Constitution; (iii) no person who is not a citizen within meaning of Article 5 of the constitution has the right to be elected or appointed to any public office under the Constitution; (iv) the recognition granted by the Election Commission under Section 29a of the Representation of People Act, 1951 is limited by the Constitution to only to such political party/parties which has/have as its/their office bearers citizens who come within meaning of Article 5 of the Constitution; (v) no person who does not satisfy the requirements of Article 5 can be appointed in the Union/state Council of Ministers. "

( 2 ) HOWEVER, as prayers (i) and (ii) no longer survive the petitioner is insisting on prayers (iii), (iv) and (v) of the writ petition. Mr. P. N. Lekhi, lear