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41. Since Shri K.D. Sharma was appointed to discharge the functions of the Governor of Rajasthan with effect from Aug. 8. 1981, soon after he took the oath to discharge the functions-of the Governor and as a result of it he ceased to hold the office of the Chief Justice of Rajasthan for the time being as he became unable to perform the duties of the office of the Chief Justice Shri D. P. Gupta, by the order of the President of India was appointed "as Acting Chief Justice from the same date. This could have been done only under Article 223 of the Constn. Under the Rajasthan High Court Ordinance. 1949, the definition of 'Chief Justice' includes 'Acting Chief Justice.' Also Sub-clause D (11) (a) of Schedule II to the Constn. provides that the expression 'Chief Justice' includes 'Acting Chief Justice'. It is the requirement of Article 216 of the Constn. that every High Court shall consist of a Chief Justice and such other Judges as the President may deem it necessary to appoint. A close reading of Articles 218, 223 r.w. Schedule II Sub-clause D (11) clearly reveals that there cannot be two Chief Justices in a High Court; and an Acting Chief Justice is appointed only when the Chief Justice is away and unable to perform duties of his office. After taking the oath under Article 159 of the Constn. to discharge the functions of the Governor. Shri K. D. Sharma cannot be said to continue to hold the office of the Chief Justice; and as such it cannot be held that he suffers from the disqualification provided under Article 158(2) of the Constn. Moreover a person asked to discharge the functions of the Governor of a State under Article 160 need not possess the qualifications mentioned in Article 158 of the] Constn. because, he is not termed as Governor. The oath prescribed for the Governor and for a person discharging the functions of the Governor is different. Schedule II Part A Sub-clause (4) further provides that a person discharging the functions of the Governor shall be entitled to the same emoluments, allowances and privileges as the Governor whose functions he discharges or for whom he acts. Thus, the functionary discharging the functions provided under Article 160 of the Constn. cannot be termed to be a Governor within the meaning of Article 155 of the Constn. The necessary corollary of that is that a stop-gap functionary need not possess necessary qualifications for being appointed as a 'Governor, and also does not suffer from the disqualifications attached to that office. Thus. Shri K.D. Sharma cannot be said to be usurper of the office of the Governor of the State of Rajasthan.