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1961 Supreme(All) 21

S.S.DHAVAN
HAR SHARAN VARMA – Appellant
Versus
CHANDRA BHAN GUPTA – Respondent


Advocates Appeared:
K.L.MISHRA, R.M.VERMA

S. S. DHAVAN, J.

( 1 ) THIS is a petition by Sri Har Sharan Verma under Article 226 of the Constitution praying for the issue of a writ in the nature of quo warranto to Sri Chandra Bhan Gupta, Chief Minister, government of Uttar Pradesh, Lucknow, to show by what authority he claims to hold the office of Chief Minister and to be a member of the Legislative Council. The petitioner asks for a declaration that Mr. Chandra Bhan Guptas appointment as Chief Minister and nomination to the legislative Council are invalid and unconstitutional, and he also wants this Court to declare the office of the Chief Minister and the seat held by Mr. Chandra Bhan Gupta vacant, and issue an injunction against Mr. Gupta restraining him from functioning its Chief Minister or as a nominated member of the U. P. Council. The respondents to this petition are Sri Chandra Bhan gupta and Dr. B. Ramkrishna Rao, Governor of Uttar Pradesh.

( 2 ) IN his affidavit supporting the petition Sri Har Sharan Varma states that he is a ratepayer and a voter of the Lucknow City Constituency for the Uttar Pradesh Legislative Assembly. The allegations on which this petition is founded are these : Mr. Chandra Bhan Gupta was ap



















































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