- (1.) The petition which has been filed as a public interest litigation seeks a writ of quo warranto in respect to the holding of the office of Chairperson of the Uttar Pradesh Jal Nigam by the fourth respondent.
(2.) The submission of the petitioner is that the fourth respondent was appointed by a notification dated 30 March 2012 under Section 4 (1) of the Uttar Pradesh Water Supply and Sewerage Act, 1975(Act) and that upon the completion of three years from the date of the notification, he would be deemed to have demitted office. The fourth respondent was on the date of his appointment a Cabinet Minister entrusted with the portfolio of Parliamentary Affairs and Urban Development and it is not in dispute that he has held that office continuously until date.
(3.) The submission which has been urged on behalf of the petitioner is that the appointment of the fourth respondent was not ex officio but in his personal capacity. Sub-section (1) of Section 6 of the Act stipulates that the Chairperson of the Nigam, unless appointed ex officio, shall hold office for three years. The submission is that in the present case, the appointment was not ex officio. Hence, the tenure of three years would stand attracted after the expiry of which the fourth respondent would stand denuded of his office. In consequence it has been urged that all his actions performed after 30 March 2015 would be without jurisdiction, null and void.;