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2010 Supreme(SC) 436

K. G. BALAKRISHNAN, S. H. KAPADIA, R. V. RAVEENDRAN, B. SUDERSHAN REDDY, P. SATHASIVAM
B. P. Singhal – Appellant
Versus
Union of India – Respondent


JUDGMENT

R. V. Raveendran, J. —

This writ petition under Article 32 of the Constitution of India, raising a question of public importance involving the interpretation of Article 156 of the Constitution, has been referred to the Constitution Bench, by a two Judge Bench of this Court on 24.1.2005.

2.The writ petition is filed as a public interest litigation in the wake of the removal of the Governors of the States of Uttar Pradesh, Gujarat, Haryana and Goa on 2.7.2004 by the President of India on the advice of the Union Council of Ministers. The petitioner sought : (a) a direction to the Union of India to produce the entire files, documents and facts which formed the basis of the order dated 2.7.2004 of the President of India; (b) a writ of certiorari, quashing the removal of the four Governors; and (c) a writ of mandamus to respondents to allow the said four Governors to complete their remaining term of five years.

The relevant constitutional provisions

3.Article 153 of the Constitution provides that there shall be a Governor for each State. Article 154 vests the executive power of the state in the Governor. Article 155 provides that the Governor of a State shall be appointed by the Pr











































































































































































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