DINESH Vs. STATE OF BIHAR
LAWS(PAT)-2022-2-4
HIGH COURT OF PATNA
Decided on February 11,2022

DINESH Appellant
VERSUS
STATE OF BIHAR Respondents


Referred Judgements :-

M T KHAN VS. GOVERNMENT OF ANDHRA PRADESH [REFERRED TO]


JUDGEMENT

S.KUMAR,J. - (1.) Petitioner has prayed for following reliefs:- (i) For the issuance of a writ of Quo Warranto asking the respondent, particularly the respondent no.3 to show, to the satisfaction of this Hon'ble Court as to under what legal/constitutional authority he is holding the office of the Advocate General, Bihar. (ii) For the issuance of a writ of mandamus holding that the respondent no.3 is illegally occupying the office of the Advocate General, Bihar and his continuance as the Advocate General of the State is in violation of Article 165(3) of the Constitution of India. (iii) For the issuance of any other appropriate writ/direction/order holding that the respondent no.3 is in illegal occupation of the office of the Advocate General, Bihar."
(2.) Petitioner seeks writ of quo warranto for removal of respondent no.3, who is at present holding the post of Advocate General, Bihar being in violation of Article 165(3) of Constitution of India. Petitioner submits that in July, 2017, respondent no.3 was appointed as the Advocate General, Bihar after the formation of new ministry, term of which ended on 27/11/2020 and, thereafter, General Elections were held and a new Council of Ministers headed by Chief Minister was sworn in but respondent no.3 was not appointed as the Advocate General by the new regime and no notification was issued by the new government appointing Respondent no. 3 as Advocate General of the State.
(3.) Petitioner referred to Article 165(1) which mandates that the Advocate General shall be appointed by the Governor of the State and Article 165(3) contemplates that Advocate General shall hold the office of the Advocate General during the pleasure of Governor.;


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