Anantanarayanan, O.C.J.-

These are two related writ petitions for the issue of writs of quo warranto, which originally sought for writs of mandamus, instituted by Sri D. Gobalousamy, an Advocat-Conceil practising in the Pondicherry Courts for over 19 years, and currently President of the Bar Association. He challenges the orders of appointment of Sri S. Maharajan as the President of the Tribunal Superieur d’Appel at Pondicherry; and of Sri R. Krishnamurthi as the Puisne Judge of the same Court. Very broadly stated, the grounds of attack are that a Proces-Verbal, which was concluded between the French and the Indian delegations on 15th March, 1963, and which has to be regarded as integral with the Treaty of Cession, has guaranteed certain rights to the citizens of Pondicherry in respect of the judicial organisation and the qualifications of the judiciary, which have been infringed by the abrupt change made evident by these appointments.

It is common ground between the writ petitioner and the Government of Pondicherry as well as the Union of India (respondents 1 and 2) that these appointments were made in the wake of two notifications, the first promulgated by the Central Government by

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