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HC dismisses challenge to Haryana Advocate General appointment

Bench rules that Pravindra Singh Chauhan meets all constitutional eligibility requirements

The petitioner had argued that Chauhan lacked the “eligibility, propriety and desirability” expected of a High Court judge and pointed to various past complaints against him.The petitioner had argued that Chauhan lacked the “eligibility, propriety and desirability” expected of a High Court judge and pointed to various past complaints against him.

The Punjab and Haryana High Court on Wednesday dismissed a public interest litigation that sought to remove Pravindra Singh Chauhan from the post of Advocate General of Haryana.

A division bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry held that Chauhan fully satisfies the constitutional qualifications for the office and that allegations of past misconduct cannot be considered in a plea for a writ of quo warranto.

The petition, filed by advocate Pradeep Singh, asked the court to issue a writ of quo warranto against Chauhan, claiming his appointment violated Article 165(1) of the Constitution and disregarded the standards applied to High Court judges.

The court rejected the challenge, stating that the only requirement under Article 165 is that the Advocate General must be a person “qualified to be appointed a Judge of a High Court”.

Chief Justice Nagu, writing the judgment, explained: “A bare perusal of Article 165 of the Constitution reveals that a person who is qualified to be appointed as a Judge of a High Court is eligible to be appointed as Advocate General of the State concerned.”

The bench noted that Article 217 of the Constitution sets out the qualifications for High Court judges: the person must be a citizen of India and must have either held judicial office for at least ten years or practised as an advocate of a High Court for at least ten years.

Applying this to the case, the court observed: “In the present case, respondent no.2, was being citizen of India and is practicing as an Advocate for more than 10 years prior to his appointment as an Advocate General, which fact is not disputed in the petition. Thus, the requirement of Article 165 of the Constitution is satisfied.”

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The petitioner had argued that Chauhan lacked the “eligibility, propriety and desirability” expected of a High Court judge and pointed to various past complaints against him.

The court ruled that such allegations fall outside the scope of quo warranto proceedings. “As regards the allegations of impropriety or misdemeanour alleged against respondent No.2, the same cannot be examined while deciding the issue of issuance of a writ of quo warranto,” the judgment stated.

It added: “The scope of such proceedings is confined strictly to the constitutional or statutory eligibility of the person holding a statutory or constitutional office. Alleged misdemeanour or impropriety in the discharge of professional functions prior to or subsequent to as Advocate General has no bearing on the maintainability or grant of a writ of quo warranto.”

Finding no basis for the relief sought, the bench concluded: “In view of the fact that the petitioner has not been able to establish his case for successfully issuing a writ of quo warranto, therefore, this petition stands dismissed.”

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The judgment was pronounced on January 21, after being reserved on December 10, 2025. Senior Advocate Ankur Mittal appeared for the State of Haryana along with other government counsel. Advocate Jagmohan Singh Bhatti represented the petitioner.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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