This is a petition in which a writ of Quo Warranto is prayed for. The petitioners have been convict­ed in a sessions case by Shri U. N. Raj khowa. District & Sessions Judge. Bar-rang. Their case is that Shri Rajkhowa is not entitled to hold the post of Dis­trict and Sessions Judge, Darrang; The following are the admitted facts. Both the posts of the Subordinate Judge and the Deputy Registrar of the High Court were borne in the Assam Judicial Ser­vice (Junior Grade I. Shri Rajkhowa who was a Munsiff in Grade II of the said Service was appointed to be the Deputy Registrar by the then Chief Jus­tice under Article 229 of the Constitu­tion.

After he served a few years as De­puty Registrar, the Governor of Assam appointed him to officiate as Additional District and Sessions Judge, Lower Assam Districts at Nowgong by the following notification:

"Dt. 19-6-67.

No.'LJJ. 74/66/55 - The services of Sri U. N. Rajkhowa, Deputy Registrar, High Court of Assam and Nagaland being re­placed at the disposal of the Govt., the Governor of Assam in consultation with the High Court of Assam and Nagaland, and in exercise of powers conferred by Article 233 of the Constitution read with Rule 5 (ii