Judgment Kalyan Dutt Sharma, CJ.-By way of this writ petition under Article 226 of the Constitution Dr. Chandra Bhan Singh, petitioner, has challenged the appointment of Shri Nathu Lal Jain, non-petitioner No. 3, as Advocate General for the State of Rajasthan and prayed for issuance of a writ of quo-warranto against him and for an appropriate, writ, order or direction for quashing the appointment on the ground that it has been made in violation of the provisions of Articles 165 and 319 (d) of the Constitution of India. The State of Rajasthan as well as His Excellency the Governor are also impleaded as non-petitioners Nos. 1 and 2 respectively in this writ petition.

2. The relevant facts giving rise to this writ petition may be briefly stated as follows:-The office of the Advocate General for Rajasthan fell vacant after Dr. S. K. Tiwari had ceased to hold that office. In exercise of the powers conferred on him under Article 165 of the Constitution, His Excellency the Governor of Rajasthan appointed Shri Nathu Lal Jain, non-petitioner No. 3 as Advocate General for the State of Rajasthan, vide order D/-June 16, 1982. In pursuance of the said order Shri Nathu Lal Jain took charge of th

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