( 1. ) THE petitioner No. 1 is a practicing Advocate and practices mainly in co-operative matters. He is also the Vice President of the Bar Association of m. P. State Co-operative Tribunal. The petitioner No. 2 is active in the co-operative movement in the State of Madhya Pradesh. The petitioners have filed this writ petition as a Public Interest Litigation challenging the appointment of respondent No. 2 as Chairman of the M. P. State Co-operative tribunal (for short the Tribunal) and have prayed for a writ of quo warranto for removal of the respondent No. 2 from the post of Chairman of the Tribunal.

( 2. ) THE ground for challenge to the appointment of the respondent no. 2 as Chairman of the Tribunal is that under Section 77 (3) (a) of the M. P. Co-operative Societies Act, 1960 (for short the Co-operative Act), a person who has been a Judge of the High Court or has held the office of District Judge for not less than five years is qualified to be appointed as Chairman of the tribunal, but the respondent No. 2 was not a Judge of the High Court and has also not held the office of the District Judge for five years.

( 3. ) IN the return filed by the respondent No. 2, a preliminar