- (1.) Heard Shri H.S. Jain, learned counsel appearing on behalf of the petitioners, Smt. Bubul Godial, learned Additional Government Advocate on behalf of the State.
(2.) The petitioners before this Court who are practicing lawyers, seek a writ in the nature of MANDAMUS directing the Governor of the Sate of U.P. not to act on the recommendations of the Cabinet of Ministers in the matter of nomination of members to the Legislative Council of the State of U.P. in exercise of power conferred under Article 171 (3)(e) of the Constitution of India (hereinafter referred to as the 'Constitution').
(3.) It is stated that the Governor has been conferred a discretion in the matter of nomination of members to the Legislative Council and such discretion is controlled only by the phrase 'having special knowledge and practical experience in respect of such matter as the following namely : (a) Literature, (b) Science, (c) Art, (d) Cooperative Movement & (e) Social Service' as per sub-Clause (5) of Article 171 of the Constitution. It is their case that the nominations to be made by the Governor is at his own discretion and such discretion cannot be influenced by the Cabinet of Ministers, in any manner.;