G.S.Lal, J. - (1.) HAR Sharan Varma, who describes himself as a rate-payer of the Lucknow Constituency to the U. P. Legislative Assembly, has filed this writ petition in which he has principally claimed two reliefs. The first relief is for a Writ of Prohibition or any other writ or direction in the nature of prohi bition declaring the appointment of op posite party No. 1 (that is to say Sri Tri-bhuvan Narain Singh, Chief Minister, Uttar Pradesh) as Chief Minister of Uttar Pradesh null and void. The second re lief is for a Writ of quo warranto to be issued against Sri T. N. Singh (opposite-party no. 1) to show cause why his ap pointment should not be held illegal and why he should not, therefore, be prohi bited from acting as Chief Minister of U. P.
(2.) THE only fact given in the writ petition on which the reliefs mentioned above have been claimed, is that Sri T. N. Singh (opposite party no. 1) was appointed to the public office of Chief Minister ship of Uttar Pradesh by Sri Raiyapal (opposite party no. 2) on 18-10-1970 though Sri T. N. Singh was not a member of either House of the Legisla ture of the State at the time of his ap pointment. The learned Chief Standing Counsel, who has been served with a notice of the writ petition on behalf of the two opposite parties, has raised a pre liminary objection as to the right of the petitioner to present this petition. We shall deal with that matter at the end.
(3.) WE have heard Sri Har Sharan Varma, who has argued the writ peti tion himself.;