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1981 Supreme(Raj) 112

M.L.SHRIMAL
SURYA NARAIN CHOUDHARY – Appellant
Versus
UNION OF INDIA (UOI) – Respondent


Advocates Appeared:
C.K.Garg, J.S.RASTOGI, Khetan, M.C.SURANA

Judgment


M. L. SHRIMAL, J.

( 1 ) PETITIONER, Surya Narain Choudhary, by this writ petition has challenged the validity of the order of the President of India (Annexure-1, dt. Aug. 8, 1981), terminating the period of the office of Governor, held by Shri Raghukul Tilak and has claimed the following reliefs :--

(i) to issue a writ, order or direction in the nature of mandamus, directing respondents Nos. 1, 2 and 3 to treat respondent No. 4 Shri Raghukul Tilak as Governor of Rajasthan up to May 11, 1982;

(ii) to issue a writ, order or direction in the nature of quo warranto. quashing the appointment of Shri K. D. Sharma, Chief Justice of Rajasthan High Court, under Article 160 of the Constitution of India, directing him to discharge the functions of the Governor of Rajasthan; and

(iii) to issue a writ, order or direction that Article 156 (1) of the Constn, is not subservient to Article 74 of the Constn. and in the alternative to declare Article 156 (1) of the Constn. to be ultra vires of Article 74 of the Constn. and invalid, unconstitutional and violative of the basic features of the Constitution.

( 2 ) THE case of the petitioner is that he was a member of the Rajasthan Legislative Asse






















































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