G.S. LAL, J. :- Har Sharan Varma, who describes himself as a rate-payer of the Lucknow Constituency to the U. P. Legislative Assembly, has filed this writ petition in which he has principally claimed two reliefs. The first relief is for a Writ of Prohibition or any other writ or direction in the nature of prohibition declaring the appointment of opposite party No. 1 (that is to say Sri Tribhuvan Narain Singh, Chief Minister, Uttar Pradesh) as Chief Minister of Uttar Pradesh null and void. The second relief is for a Writ of quo warranto to be issued against Sri T. N. Singh (opposite-party no. 1) to show cause why his appointment should not be held illegal and why he should not, therefore, be prohibited from acting as Chief Minister of U. P.

2. The only fact given in the writ petition on which the reliefs mentioned above have been claimed, is that Sri T. N. Singh (opposite party no. 1) was appointed to the public office of Chief Ministership of Uttar Pradesh by Sri Rajyapal (opposite party no. 2) on 18-10-1970 though Sri T. N. Singh was not a member of either House of the Legislature of the State at the time of his appointment.

3. The learned Chief Standing Counsel, who has be