DEVIDAS S O VENKATRAO PAWAR Vs. GOPINATH MUNDHE

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India filed by the petitoner. The petitioner is the citizen of India and ordinarily resides at Aurangabad. He is Professor and also a social worker. He takes keen interest in social work. He has filed this petition, as, according to him, without any political object but with a view to maintain dignity of the Constitution of India. Respondent No. 1 is the elected member of the Maharashtra Legislative Assembly from the Renapur Constituency in Marathwada region. He is a member of the Bhartiya Janata Party. He was sworn in as Deputy Chief Minister on 14-3-1995. The oath has been administered by the respondent No. 2 Governor of Maharashtra.

(2.) IN this petition the petitioner seeks Writ of Quo Warranto for disqualifying the respondent No. 1 to hold the office of the Deputy Chief Minister of State of Maharashtra on the ground that the oath administered to him as Deputy Chief Minister was not the oath in accordance with the prescription of the Constitution of India and secondly; to declare that the office of the Deputy Chief Minister held by the respondent No. 1 is unconstitutional and ultra vires to the Constitution of India.

(3.) IN support of the petition,the petitioner submits that the respondent No. 1 Shri Gopinath Mundhe was sworn in as Deputy Chief Minister of the State of Maharashtra on 14-3-1995. According to the petitioner, the news about the swearing in ceremony held at Shivaji Park, Bombay, on 14-3-1995 was widely published by the media including television that the respondent No. 1 has taken the oath as Deputy Chief Minister of the State of Maharashtra. The oath ceremony was also telecasted in television news at 7. 30 p. m. on 14-3-1995. According to the petitioner, as per Article 163 of the Constitution there shall be Council of Ministers and the Chief Minister is the head to aid and advice the Governor. Article 164 provides that the Chief Minister shall be appointed by the Governor and other Ministers shall be appointed by the Governor on the advice of the Chief Minister. The swearing in ceremony of the Chief Minister and the Deputy Chief Minister was, however, held on 14-3-1995 at the same time and at the same function. That necessarily means that the appointment of the Deputy Chief Minister is not as per the advice given by the Chief Minister to the Governor as per the Constitution. The petitioner further submits that there is no constitutional sanction for the office of the Deputy Chief Minister and therefore, the oath administered to the respondent No. 1 by the Governor as Deputy Chief Minister is unconstitutional. In other words, it is thus submitted that the oath administered by the respondent No. 2 to the respondent No. 1 as Deputy Chief Minister is not in consonance with the provisions of Articles 163 and 164 of the Constitution of India.