This appeal by special leave calls in question the order and judgment of the High Court dismissing the writ petition in limine.
The Division Bench of the High Court vide order dated 3.12.1996 dismissed the writ petition in limine.
During the term of the same Legislative Assembly, there was a change in the leadership of the ruling party.
Respondent No.2, who had number been elected as a Member of the Legislature even till then, was once again appointed as a Minister w.e.f.
At the time of his appointment as a Minister, he was number a Member of Legislative Assembly in Punjab.
It was stated in the petition that appointment of Respondent No.2 for a second time during the term of the same legislature, without being elected as a Member of the Legislature was violative of companystitutional provisions and, therefore, bad.
1 The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor.
Provided that in the States of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Schedule Castes and backward classes or any other work.
23.11.1996.
He failed to get himself elected as a Member of the Legislature of the State of Punjab within a period of six months and submitted his resignation from the companyncil of Ministers on 8.3.1996.
Rajinder Kaur Bhattal, Respondent No.3, was, on her election as Leader of the Ruling Party, appointed Chief Minister of the State of Punjab on 21.11.1996.
The Appellant filed a petition seeking writ of quo warranto against Respondent No.2.
A.S. ANAND, CJI Respondent No.2, Shri Tej Parkash Singh, was appointed as a Minister in the State of Punjab on the advice of the Chief Minister, Sardar Harcharan Singh Barar on 9.9.1995.
