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1992 Supreme(P&H) 200

B.C.VARMA, ASHOK BHAN
Hardwari Lal – Appellant
Versus
Bhajan Lal – Respondent


Judgment

B.C. VARMA, J.

1. The question in this writ petition is whether this Court in the exercise of its jurisdiction under Article 226 of the Constitution can issue a writ of quo warranto against a Chief Minister of his allegedly committing breach of the oath administered to him at the time of assuming office of the Chief Minister ?

2. After being duly elected as a member of the Haryana Legislative Assembly, Ch. Bhajan Lal, respondent No. 1, was lawfully appointed as the Chief Minister of the State of Haryana by the Governor of the State in exercise of the powers under Article 164(1) of the Constitution. Other Ministers were likewise appointed on the advice of the Chief Minister. The petitioner, Hardwari Lal, an ex-member of Parliament, has instituted an action through this writ petition against Ch. Bhajan Lal describing it is a public interest petition seeking in desperation to "exercise the realm of accountability" of a rapacious executive "to the people through the judiciary", with a prayer for the issuance of a writ of quo warranto, directing removal of respondent No. 1 from the office of the Chief Minister. Numerous allegations have been levelled quoting the alleged misdeeds
































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