R S SASIKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This is yet another Public Interest Litigation with the State and Sri Pinarayi Vijayan, the Chief Minister of Kerala, impleaded as respondents 1 and 2. The main relief sought reads as under:

(2.) The prayer for writ of quo warranto is sought on two grounds: First, Sri Thomas Chandy, who was a Minister in the Cabinet headed by the second respondent-Chief Minister, had filed W.P (C).36047/17 before this Court, inter alia challenging a report submitted by the District Collector, Alleppey. The said writ petition was dismissed by a Division Bench of this Court by Ext.P1 judgment. Petitioner states that the moment the judgment was rendered, the Council of Ministers lost its constitutional authority to continue in office in the light of the declaration of law that there was cessation of collective responsibility as mandated in Article 164(2) of the Constitution of India. And, according to the petitioner:

(3.) Second, on the day next to Ext.P1 judgment, the Chief Minister convened a meeting of the Council of Ministers, but four Ministers who are the nominees of Communist Party of India, a coalition partner of the ruling front, had abstained from the Cabinet meeting. It is stated that one among them, who is also the leader of the parliamentary party of the Communist Party of India, openly declared their abstention and wrote to the Chief Minister that they would not participate in the Cabinet meeting so long as Sri Thomas Chandy continued to be a Minister in the Cabinet. This, according to the petitioner: