Satyabrata Sinha, J. - (1.) The petitioner who is a Citizen of India has filed this writ application, inter alia, for the following reliefs : (a) A declaration that the Transport Minister, Government of West Bengal, Sri Subhas Chakraborty is not entitled to be a member of the Council of Ministers of West Bengal headed by the Chief Minister Sri Jyoti Basu as the former is unable to support important policy decisions of the Government and has refused to bear the collective responsibility of the Council of Ministers ; (b) A writ in the nature of Mandamus directing the Chief Minister of West Bengal Sri Jyoti Basu to consider to invoke the Governor's pleasure to dismiss Sri Subhas Chakraborty for his reluctance to support important policy decisions of the Government and for his refusal to bear the collective responsibility of the Council of Ministers ; (c) A declaration that the action of the Chief Minister Sri Jyoti Basu in communicating decisions which are not known to many Ministers to the Governor as that of the decision of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation are unconstitutional ; (d) A writ in the nature of Mandamus commanding the Chief Minister of West Bengal to act in accordance with the constitutional provisions and communicate to the Governor only those decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislature which have been taken collectively by the Council of Ministers and not individually by him or by his chosen few in the Council of Ministers as has been alleged by Sri Subhas Chakraborty the Transport Minister."
(2.) The second respondent is the Chief Minister of the State whereas the third respondent is the Minister for Transport, Government of West Bengal ".The respondents Nos. 4 to 12 are Editors of the Statesman, The Telegraph, The times of India, The Asian Age, Ananda Bazar Patrika, Sonar Bangla, Sambad Pratidin, Aaj Kaal and Bartaman. Admittedly the State introduced a Bill in the Legislature of the State of West Bengal known as West Bengal Government Land (Regulation of Transfer) Bill, 1993 (hereinafter referred to as the said Bill) which was passed by the Assembly unanimously on 21st July, 1993. It got the President's assent and came into force with effect from 4th March, 1997.
(3.) On 7th March, 1997 the respondent No. 3 allegedly criticised the said Act as impractical. He further alleged that Cabinet decisions always do not take cognizance of all membereand are not collective decisions. The said news item was carried in various newspapers, whose Editors have been impleaded as respondent Nos. 4 to 12, on 8th and 9th March, 1997.;