By the Court.—The petition which has been filed as a public interest litigation seeks a writ of quo warranto in respect to the holding of the office of Chairperson of the Uttar Pradesh Jal Nigam by the fourth respondent.

2. The submission of the petitioner is that the fourth respondent was appointed by a notification dated 30 March 2012 under Section 4 (1) of the Uttar Pradesh Water Supply and Sewerage Act, 1975 (Act) and that upon the completion of three years from the date of the notification, he would be deemed to have demitted office. The fourth respondent was on the date of his appointment a Cabinet Minister entrusted with the portfolio of Parliamentary Affairs and Urban Development and it is not in dispute that he has held that office continuously until date.

3. The submission which has been urged on behalf of the petitioner is that the appointment of the fourth respondent was not ex officio but in his personal capacity. Sub-section (1) of Section 6 of the Act stipulates that the Chairperson of the Nigam, unless appointed ex officio, shall hold office for three years. The submission is that in the present case, the appointment was not ex officio. Hence, the tenure of three years would stand attracted after the expiry of which the fourth respondent would stand denuded of his office. In consequence it has been urged that all his actions performed after 30 March 2015 would be without jurisdiction, null and void.

4. To bring clarity to the issue which has been raised, we extract the order of appointment of the fourth respondent below:

^^mRrj izns'k 'kklu

uxj fodkl vuqHkkx&3

la[;k&917@ukS&3&2012&157lh@04

y[kuÅ fnukad 30 ekpZ] 2012

vf/klwpuk

mRrj izns'k ty laHkj.k ,oa lhoj O;oLFkk vf/kfu;e 1975 ¼m0iz0 vf/kfu;e la[;k&43 lu~ 1975½ dh /kkjk&4¼1½ ds v/khu 'kfDr dk iz;ksx djds Jh jkT;iky egksn;] dk;ZHkkj xzg.k djus dh frfFk ls] Jh eksgEen vkte [kkaW] ek0 ea=h] lalnh; dk;Z ,oa uxj fodkl foHkkx] m0iz0 'kklu dks m0iz0 ty laHkj.k ,oa lhoj O;oLFkk vf/kfu;e 1975 ¼m0iz0 vf/kfu;e la[;k&43 lu~ 1975½ dh /kkjk&3¼1½ ds v/khu xfBr m0iz0 ty fuxe ds v/;{k fu;qDr djrs gSaA

Jhizdk'k flag

fo'ks"k lfpo**

5. Sub-section (1) of Section 3 provides for the constitution of a Corporation by the name of the Uttar Pradesh Jal Nigam. Sub-section (1) of Section 4 provides for a Chairman who is to be appointed by the State Government and members as specified in sub-section (2).

6. Sub-sections (1) and (2) of Section 4 are as follows:

“(1) The Nigam shall consist of a Chairman appointed by the State Government besides the members specified in sub-section (2).

(2) The members other than the Chairman shall be as follows, namely:

(a) a Managing Director to be appointed by the State Government;

(aa) non-official persons not exceeding three of eminence in social and public life in the State, to be nominated as Vice-Chairman by the State Government.

(b) a Finance Director (to be appointed by the State Government), who shall have experience of matters relating to finance and accounts;

(c) the Secretary to the State Government in the Finance Department, ex officio;

(d) the Secretary to the State Government in-charge of the Water Supply Department, ex officio;

(dd)the Secretary to the State Government in the Planning Department, ex officio;

(e) the Director of Local Bodies, Uttar Pradesh, ex officio;

(f) the Director of Medical and Health Services, Uttar Pradesh, ex officio;

(g) five elected heads of local bodies in the State, to be nominated by the State Government.”

7. Section 6 deals with the terms of the office of the Chairperson and other members and provides as follows:

“6. Terms of office of Chairman and other members.—(1) The Chairman of the Nigam, unless appointed ex officio, shall hold office for three years unless his term is determined earlier by the State Government by notification in the Gazette, and shall be eligible for reappointment.

(2) A person nominated under clause (g) of sub-section (2) of Section 4 shall, unless his term is determined ear