( 1 ) BRIEFLY stated the facts leading to the writ petition are :the petitioner was elected as a Member of the Karnataka Legislative Assembly from Basavanagudi Constituency, Bangalore City on 27th Nov. 1989. He was offered the post of Deputy Chairman of the Planning Commission in the rank of Cabinet Minister. Since he was aware that acceptance of an 'office of profit' under the Government of India would be a disqualification for being a Member of the Legislative Assembly, he was not inclined to accept the offer. Accordingly, he conveyed his views to Government of India. When consulted the Law Ministry advised the Government of India that in view of the provisions of Karnataka Legislature (Prevention of Disqualification) Act, 1956 (for short the 'act') there would be no bar on the petitioner holding the post of the Deputy Chairman of the Planning Commission and to continue as Member in the Karnataka Legislative Assembly so long as he does not receive any remuneration other than the compensatory allowance for holding the post of Deputy Chairman of the Planning Commission. Thereafter, the petitioner accepted the post of the Deputy Chairman of the Planning Commissi