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M. Manohar Reddy Vs. Union of India [04/02/13]

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[Writ Petition (Civil) No.174 of 2012]. The two petitioners, who are advocates of the High Court of Andhra Pradesh, have filed this petition under Article 32 of the Constitution of India, purportedly in public interest. This writ petition seeks a writ in the nature of quo warranto, quashing the appointment of respondent No.3 as a judge of the High Court of Andhra Pradesh and a writ in the nature of mandamus commanding the Bar Council of Andhra Pradesh to cancel his enrolment as an advocate. The quashing of the appointment of respondentNo.3 as a judge of the High Court is sought on the ground that the consultation process leading to his appointment was vitiated as both the High Court and the Supreme Court Collegia as well as the Central Government failed to consider two essential facts; one, at the time of his appointment, a criminal trial was pending in which respondent No.3 was not only an accused but a proclaimed offender and the other that even at the time of his enrolment as an advocate he had concealed the criminal proceedings and in the relevant column of the application for enrolment with the Bar Council, he falsely stated that there was no pending proceeding against him.

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