RAMACHANDRAN Vs. M G RAMACHANDRAN C M

JUDGEMENT

(1.) This writ petition is for the issue of a writ of quo warranto against the first respondent to show cause by what authority he claims to have, use, enjoy and perform the duties, rights and privileges of the Office of the Chief Minister of the State of Tamil Nadu.

(2.) Learned counsel for the petitioner in support of his argument invited my attention to Art.164, sub-clause (3) and also to Form V of Oaths of Office prescribed under Third Schedule. According to the learned counsel, the first respondent in a conference convened at Madurai by All World M.G. Ramachandra Mandram has requested the members of the Mandram to give him a promise; and that is the members of Mandram must carry knives with them. Whenever the police fails to punish their enemies, knives will be useful for their self-defence. The exact averment in the affidavit is in para 6, which reads as follows -

(3.) The only contention of the learned counsel for the petitioner is that by advocating the above principle the first respondent has committed a breach of oath of office taken by him and such breach would be a constitutional impediment for his continuance in office as Chief Minister and, therefore, he cannot continue as Chief Minister.