Jagdish Bhalla, J. - (1.) Petitioners are said to be the Secretaries of 'Rastra Raksha Manch' an Association formed under 19(1)(C) of the Constitution and are Advocates by profession. They have filed the present writ petition as Public Interest Litigation seeking a writ in the nature of Quo-Warranto against the respondent no.1 to 75 functioning as State Minister either in the Union Government or in the State of Uttar Pradesh inter-alia on the ground that the Constitution does not provide for appointment of State Ministers and the third Schedule of the Constitution does not provide any separate form for the oath of office and secrecy of the State Ministers. The main reliefs sought for by the petitioners are reproduced hereunder:- {I} Issue a writ order or direction in the nature of Quo Warranto asking the respondents 1 to 60 to show cause as to how they are functioning as State Ministers in Union or in the State of U.P. {ii} Issue a writ order or direction in the nature of Certiorari thereby quashing the orders of appointment of respondents 1 to 60 after summoning their orders of appointment form them.
(2.) At the very out set, we would like to mention that the petitioners have earlier filed a Writ Petition No. 3549[MB] of 2004; Nirdesh Kumar Dixit and others versus State of U.P. and others, which was dismissed by a Division Bench of this Court comprising of Hon'ble Mr Justice Tarun Chatterji [ now Judge of Hon'ble Supreme Court] and Hon'ble Mr Justice Rakesh Sharma. In the aforesaid writ petition, which was also in the nature of Public Interest Litigation the reliefs sought for were almost identical as prayed for in the present writ petition. The reliefs sought for in the aforesaid writ petition no. 3549[MB] of 2004 are being reproduced herein under:- " Issue a writ order or direction in the nature of certiorari quashing thereby all orders issued by respondent no.1 and awarding the status of ministers of non ministers after summoning the same from respondents no.1 and 3. (ii) Issue a writ, order or direction in the nature of certiorari thereby quashing the categorization of Ministers into cabinet minister and state ministers and by means of a writ in the nature of mandamus, direct the respondent no.1 and 3 to treat all the ministers equal and to permit all of them to participate in the meetings of the council of ministers being chaired by Prime Minister or Chief Minister."
(3.) The aforesaid writ petition no. 3549(MB) of 2004 was dismissed on the ground of non-joinder of necessary parties and being defective.;