S R BOMMAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Sri S.R. Bommai and others have filed this writ petition under Article 226 of the Constitution of India calling in question the legality and Constitutional validity of the Presidential proclamation dated 21-4-1989 (Annexure-L).

(2.) In order to appreciate the controversy, certain salient features of the case (except the allegations of mala fides made against respondent 3 the Governor, which were not pressed), may be noticed:- Sri S.R. Bommai the first petitioner, was functioning as the Chief Minister of the State of Karnataka, and the other three petitioners were members in his Council of Ministers on the date of the impugned proclamation. Be fore the dissolution of the State Assembly, when Janata Party had formed the Government, the party wise strength of members in the Assembly was as follows:

(3.) I am satisfied that in the circumstances now prevailing in the State a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution. I am also satisfied that there is no other party which is in a position to form the Government. Hence, I recommend to take action immediately under Article 356 of the Constitution of India and make a proclamation to assume to yourself all the functions of the Government of the State and also dissolve the Assembly of the State in accordance with the provisions of Article 174(2)(b) of the Constitution." It is said that on 20-4-1989, 7 legislators out of those who had submitted their letters to the Governor wanted to urge that their respective signatures on them had been obtained by misrepresenting and misleading them and therefore they desired to reaffirm their support to the first petitioner, and the letters addressed by them in that regard to the Governor are immediately presented to the Governor by Sri B. Rachaiah, President of Janata Dal, and Smt. Leeladevi R. Prasad, Secretary, Legislature Party. On the same day (20-4-1989), it is also said that the State Cabinet met and decided to convene the Legislative Assembly Session on 27-4-1989. The first petitioner and the Law Minister Prof. A. Lakshmisagar (third petitioner), it is further said, met the Governor on 20-4-1989 and informed him about the summoning of the Assembly Session, besides orally explaining to him the Constitutional provisions, judicial pronouncements and the recommendations of the Sarkaria Commission, in pointing out to him that the support to the Chief Minister should be tested on the floor of the Assembly where first petitioner was prepared to prove his majority. The first petitioner appears to have expressed his preparedness to prepone the Assembly Session if so desired by the Governor. He is said to have sent a telex message as well, to the President of India. The Governor, it is stated, assured the first petitioner in the presence of the third petitioner that he would look into all aspects of the matter. However, another report was sent by the Governor to the President of India, which is also marked as Annexure-G, which reads : -