P VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the petitioner, in this writ petition has sought for a declaration that the appointment of the third respondent as the deputy chief minister of Karnataka is ultravires of the constitution and he has further sought for a direction to respondent nos. 2 and 4 to remove the third respondent from the office of the deputy chief minister of karnataka.

(2.) the petitioner (party in person) contended that under the constitution of India, nowhere there is a provision made for the appointment of deputy chief minister of a state; such an appointment results in heavy burden to the public exchequer and respondent nos. 2 and 4 have acted without authority of law in appointing the third respondent as the deputy chief minister.

(3.) it is true that nowhere in the constitution of india there is any reference to the post of a deputy chief minister. But, the third respondent is also a member in the council of ministers though he has been described as deputy chief minister. However, this description itself does not confer on him the powers of the chief minister. The oath prescribed for a minister contains two parts: one is descriptive and the other contains the substantial part.