Judgment

SARKAR, CJI. : This is an appeal by the State of Jammu and Kashmir, G. M. Sadiq, Chief Minister of that State and D. P. Dhar, its Home Minister. The appeal is contested by respondent No. 1, Bakshi Ghulam Mohammad. The other respondent N. Rajagopala Ayyangar, a retired Judge of this Court, has not appeared in this Court or in the Court below. These are the parties to the proceedings before us.

2. After the accession of the State of Jammu and Kashmir to India in 1947, a responsible Government was set up there under the Prime Ministership of Sheik Mohammad Abdulla. Bakshi Ghulam Mohammad was the Deputy Prime Minister in that Government and G. M Sadiq was also in the Cabinet. In 1953, Sheik Mohammad Abdullah was dismissed from office and a new Government was formed with Bakshi Ghulam Mohammad as the Prime Minister and G. M. Sadiq and D. P. Dhar were included in the Cabinet. On January 26. 1957, a new Constitution was framed for Jammu and Kashmir. In the first elections held under the Constitution, a party called the National Conference got the majority of votes. Bakshi Ghulam Mohammad and Sadiq were members of this party. A Ministry was then formed with Bakshi Ghulam Mohammad as