( 1 ) SRI S. R. Bommai and others have filed this writ petition under Article 226 of the Constitution of India calling in question the legality and Constitutional validity of the Presidential proclamation dated 21-4-1989 (Annexure-L ).

( 2 ) IN order to appreciate the controversy, certain salient features of the case (except the allegations of mala fides made against respondent 3 the Governor, which were not pressed), may be noticed:- sri S. R. Bommai the first petitioner, was functioning as the Chief Minister of the State of Karnataka, and the other three petitioners were members in his Council of Ministers on the date of the impugned proclamation. Be fore the dissolution of the State Assembly, when Janata Party had formed the Government, the party wise strength of members in the Assembly was as follows: (A) Janatha 139 (b) Congress 66 (c) C. P. M. 2 (d) C. P. I. 4 (e) B. J. P. 2 (f) Independents 8 (g) M. E. S. 3 (h) Nominated Member 1 total 225it is averred that Sri Ramakrishna Hegde was elected as the Leader of the Janata Party and was sworn in as the Chief Minister in March, 1985. On 10-8-1988, Sri Ramakrishna Hegde resigned and the first petitioner was e