Arijit Pasayat, J. - (1.) This petition is filed under Article 32 of the Constitution of India, 1950 (in short the Constitution) seeking a writ of quo warranto against respondent Nos.1 and 2. Essentially, the grievance is that respondent Nos. 1 and 2 are not qualified to be appointed as Chief Minister and Minister respectively as they were members of the Rajya Sabha and thus disqualified under Article 164(4) read with Article 164(1) of the Constitution. The basic stand is that since they were members of the Rajya Sabha the requirement of their being elected to the State Legislative Assembly within a period of 6 months does not apply to them as they are already legislators of the Rajya Sabha.
(2.) While appreciating the stand we shall take note of the provisions on which emphasis is laid by the petitioner who appears in person.
(3.) Article 164 (1) and (4) read as follows: "(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. ********** 4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister. " ;