Hon’ble Devi Prasad Singh, J.—Instant writ petition under Article 226 of the Constitution of India has been preferred in the nature of quo warranto against opposite party No. 3, who happens to be the Chairman, U.P. State Electricity Regulatory Commission. It is pleaded that under the statutory provision, he was not eligible for selection and appointment because of interest involved in the State of U.P. of M/s J.P. Power Ventures Ltd. of which he was Vice President.

2. The petitioner is General Secretary (Jal Vidyut Ikai) (Uttar Pradesh Vidyut Mazdoor Sangh) of an employees’ association of the same establishment. The petitioner states that he has concern for the purity of system. It is stated that on his request the scam involving Rs. 5000/- crores was referred for C.B.I. inquiry by the Chief Minister of the State on 2.3.2008. According to learned counsel for the petitioner, the post of Chairman, State Electricity Regulatory Commission (in short Commission) fell vacant on 21.10.2008. The selection committee was constituted by the Government of Uttar Pradesh on 22.12.2008 comprising of three members headed by a retired judge of the High Court and two other members, i.e., Chie