JUDGMENT :

S.C. Dharmadhikari, J.

By these petitions under Article 226 of the Constitution of India, the essential challenge of the petitioners is to the induction of Mr. Radhakrushna Vikhe Patil, Mr. Jaydatta Kshirsagar and Mr. Avinash Mahatekar as Cabinet Ministers and Minister of State, respectively in the Maharashtra State Cabinet of Ministers. As the challenge is common, both petitions can be disposed of by a single Judgment.

2. We take the facts in Writ Petition No. 6996 of 2019 fled by Mr. Vijay Namdeorao Wadettiwar. He says that he is a member of the Indian National Congress Legislature Party. He has been elected to the Maharashtra State Legislative Council for a term of six years. He is a leader of the Lower House of the Maharashtra State Legislature. He had officiated as Minister of State twice in the past.

3. The Respondents Nos. 5, 6 and 7 are inducted in the State Cabinet by the Respondent No. 2 and were sworn in as Ministers by the Hon'ble Governor of Maharashtra in terms of the advice tendered to him. These three persons are not members of the legislature.

4. As far as Respondent No. 5 is concerned, he was elected as a Member of the Legislative Assembly from Shirdi consti