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MANU/SC/0457/2001
True Court CopyTM English
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 244 of 1997
Decided On: 17.08.2001
Appellants: S.R. Chaudhuri Vs. Respondent: State of Punjab and Ors.
Hon'ble Judges/Coram:
Dr. A.S. Anand JUDGMENT
Dr. A.S. Anand, C.J.I.
1. Respondent No. 2, Shri Tej Parkash Singh, was appointed as a Minister in the State of Punjab on the advice of the Chief Minister, Sardar Harcharan Singh Barar on 9-9-1995. At the time of his appointment as a Minister, he was not a Member of Legislative Assembly in Punjab. He failed to get himself elected as a Member of the Legislature of the State of Punjab within a period of six months and submitted his resignation from the council of Ministers on 8-3-1996. During the term of the same Legislative Assembly, there was a change in the leadership of the ruling party. Smt. Rajinder Kaur Bhattal, Respondent No. 3, was, on her election as Leader of the Ruling Party, "appointed Chief Minister of the State of Punjab on 21-11-1996. Respondent No. 2, who had not been elected as a Member of the Legislature even till then, was once again appointed as a Minister w.e.f. 23-11-1996. The Appellant filed a petition seeking writ of quo warranto against Respondent No. 2. It was stated in the petition that appointment of Respondent No. 2 for a second time during the term of the same legislature, without being elected as a Member of the Legislature was violative of constitutional provisions and, therefore, bad. The Division Bench of the High Court vide order dated 3-12-1996 Reported in (1997) 115 Pun. LR 531 dismissed the writ petition in limine. This appeal by special leave calls in question the order and Judgment of the High Court dismissing the writ petition in limine.
2. Since, the meaningful question involved in this appeal revolves around the ambit and scope of Article 164 and in particular of Article 164(4) of the Constitution of India -- let us first examine that Article:
164. Other provisions as to Ministers.--(1) The Chief Minister shall be appointed by the Governor and the, other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall old office during the pleasure of the Governor.
Provided that in the States of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Schedul........