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2010 Supreme(UK) 818

TARUN AGARWALA, V.K.BIST
Mohan Singh Bora – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Sri Anil Kumar Tewari, Sr. Advocate, assisted by Sri Apoorva Tewari, Sri Prakar Mishra and Sri Pradeep Hairiya, Advocates for the petitioner.
Sri S.N. Babulkar, Advocate General, assisted by Sri B.D. Upadhyaya, Addl. Advocate General for the respondent nos. 2 and 3/State.
Sri V.B.S. Negi, Asstt. Solicitor General for the respondent No. 1/Union of India.

Judgment

Tarun Agarwala, J.

The present writ petition has been filed in the nature of a public interest litigation seeking a writ of quo-warranto against Shri Subhash Kumar, respondent No.5 contending that he has illegally usurped the office of Chief Secretary, Government of Uttarakhand. The petitioner has also prayed for the quashing of the order dated 31st May, 2010 whereby the respondent No.5 has been promoted to the Chief Secretary's Grade as well as the order dated 12th September, 2010 by which the respondent No.5 has been appointed as the Chief Secretary of Government of Uttarakhand.

2. The facts leading to the filing of the petition is, that the petitioner contends that he is a resident of Haldwani and is an agriculturist and has also extensive business interest. The petitioner contends that he is a regular income tax assessee and also a social activist and a staunch believer in the rule of law and has espoused all such causes for good governance for the benefit of the public at large. The petitioner contends that he currently holds the office of President of the Uttarakhand Cricket Board and is also the Manager of Mahatma Gandhi Inter College, Haldwani. The petitioner conten










































































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