Case Note & Summary
The High Court of Judicature at Bombay heard two writ petitions under Article 226 of the Constitution of India filed by Vijay Namdeorao Wadettiwar (a member of the Indian National Congress Legislature Party) and others, challenging the induction of three individuals—Radhakrushna Vikhe Patil, Jaydatta Kshirsagar, and Avinash Mahatekar—as ministers in the Maharashtra State Cabinet. The petitioners contended that the inductees, having resigned from their original parties and the Legislative Assembly, were not members of either House of the State Legislature. With less than six months remaining in the term of the Legislative Assembly, there was no possibility of a bye-election being held to enable them to get elected, as required by Article 164(4) of the Constitution and barred by Section 151-A of the Representation of the People Act, 1951. The petitioners argued that the induction was a colourable exercise of power to circumvent the anti-defection law and defeated the constitutional purpose of ensuring that non-legislator ministers face the electorate. The court heard extensive arguments from counsel for the petitioners and respondents, and after granting rule and taking the matter up for final disposal with consent, reserved judgment. The core legal question was whether the power under Article 164(4) is absolute or must be exercised only where there is a realistic possibility of the appointee getting elected within six months. The decision was reserved.
Issue of Consideration
Whether the induction of individuals as ministers in the Maharashtra State Cabinet who are not members of the State Legislature and cannot get elected within six months due to the remaining term of the Legislative Assembly being less than six months is violative of Article 164(4) of the Constitution of India read with Articles 173, 191 and the Tenth Schedule.
Law Points
- Article 164(4) of the Constitution of India requires a minister who is not a member of the legislature to be elected within six months
- induction of a non-legislator when the remaining term of the House is less than six months may render compliance impossible
- Section 151-A of the Representation of the People Act
- 1951 bars bye-elections if the remainder of the term is less than one year
- such induction may amount to a colourable exercise of power and violate the Tenth Schedule's anti-defection intent.
