( 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 elected as the Leader of the Janata Legislature Party and was sworn in as the Cheif Minister of the State on 13-8-1988. In the month of September, 1988, Janata Party and Lok Dal (B) merged resulting in the formation of Janata Dal. Consequent upon that formation, the Janata Legislature Party met and endorsed the merger of the Janata Party with Lok Dal (B) and thus forming a new party namely Janata Dal, unanimously. The Speaker was informed by the first petitioner about the merger as required under Rule 3 of the Karnataka Legislative Assembly, Disqualification of Members on grounds of defection, Rules, 1986. By a Notification dated 1-2-1989 (Annexure-A), the Speaker recognised the group of 111 members of the Legislative Assembly as Janata Dal Legislators and the first petitioner as the Leader of their party. 7 independent members of the Legislative Assembly addressed letters supporting the first petitioner's leadership. A Joint Session of the Karnataka Legislative Assembly and the Legislative Council, convened on 15-2-1989, was addressed by the Governor of Karnataka. In the same session, a Motion of thanks was also passed. Thereafter, the Budget Session of the Assembly being summoned on 17-3-1989, vote-on-account for six months was passed in that Session. It is further averred that on 15-4-1989 the Ministry was expanded by inducting into it 13 members thereby raising the total strength of the Council of Ministers to 34. This caused some dissatisfaction amongst the members of the Janata Dal. On 17-4-1989, one Sri Kalyana Rao Molakeri who was with Sri H. D. Deve Gowda all along, but had joined Janata Dal and supported the first petitioner, defected and presented a letter to the Governor purporting to withdraw his support to the Janata Dal Government headed by the first petitioner. On 18-4-1989 he again met the Governor and presented 19 letters purported to have been signed by 17 Janata Dal legislators, 1 Associate independent member and 1. B. J. P. member, which were to the same effect. The Governor called the Secretary of the Karnataka Legislature and sought clarification on the genuineness of the signatures of the legislators. The Secretary submitted his opinion stating that the signatures on the said letters appeared to be of those who had signed the same. The Governor, however, did not inform the first petitioner about those letters at all. The petitioners further aver that on 19-4-1989 itself the Governor sent his report to the President of India, copy of which is attached as Annexure-G to the writ petition, which reads:-"the Janata Party came into power in March, 1985. Shri Ramakrishna Hegde was elected as leader and became the Chief Minister. I took charge as Governor on 26-2-1988. By that time there were serious dissensions in the Janata Party one