K.C. AGRAWAL, CJ.- The appellant, Sri Dalpat Raj Bhandari, is an Advocate of this court; filed a petition under Art. 226 of the Constitution of India, which was dismissed by learned Single Judge on 7th Aug. 1991 and dissatisfied with the same, the present appeal under S. 18 of the Rajasthan High Court Ordinance, 1948 has been preferred.

(2). In the writ petition, the appellant challenged the validity of the appointment as Prime Minister of Sri P.V. Narshimha Rao. Before we deal with the merits of the case, we would like to give a brief history as to how his appointment as Prime Minister was made.

(3). After declaration of the results of Lok Sabha elections, he was unanimously elected leader of the Congress (I) Parliamentary Party on June 20, 1991. He called on the President who invited him to form a Government and gave him four weeks from June 21, 1991 to prove his majority on the floor of the Lok Sabha. A communique issued by the Rashtrapati Bhavan said : —

"Mr. P.V. Narasimha Rao called on the President this evening. The President has personally handed over a letter to Mr. P.V. Narasimha Rao which reads as follows:-

"As the leader of the Congress (I) the largest party in the Lok Sabh

Click Here to Read the rest of this document