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 constituency in Maharashtra State Legislative Assembly Election 2014. He contested the elections as a candidate of the Indian National Congress. He was leader of opposition in the State Legislative Assembly. The 6th Respondent was elected as an M.L.A. from Beed constituency in Maharashtra State Legislative Assembly Election 2014 as a candidate of the Nationalist Congress Party.

5. Respondent No. 5 resigned from his political party with a declaration that he intends to join the Bharatiya Janata Party, namely, the ruling party. This is evident, according to the Petitioner, from a news item published in the daily newspapers circulated in Mumbai and elsewhere in Maharashtra and that is not disputed. Thus, Respondent No. 5 has now joined the Bharatiya Janata Party.

6. The 6th Respondent is a candidate from Chausala District, Beed. He equally made up his mind on 22nd May 2019 to sever his relations with the Nationalist Congress Party and join the Shiv Sena.

7. These persons thus resigned from their respective erstwhile parties and joined the ruling alliance. These two Respondents have demitted their seats by resigning from the Vidhan Sabha/State Legislative Assembly. Thus, the 5th Respondent is not the leader of opposition in the Assembly nor is he associated with the Indian National Congress Party. On 16th June 2019, he was sworn in as a Cabinet Minister.

8. At page 46 of the paper-book is a letter of one Sanjay Kale. He has invited the attention of the authorities concerned to Article 164 of the Constitution of India. He has complained that this induction into the Cabinet of these two persons in question is nothing but an attempt to get over the Constitutional mandate and avoid the consequences of the Anti-Defection Law. It is an attempt to get over the Constitutional embargo on change of political loyalty by resigning from the party on whose tickets the candidates have been elected, and this is done just five months before the end of the term of the House. Such persons are rewarded by making them Cabinet Ministers although it is known that they will not be elected within the period specified in clause (4) of Article 164 of the Constitution of India. There is no re-election possible. By virtue of Section 151-A of the Representation of Peoples Act 1951, no bye-elections can be held to fill up any vacancy that might be caused even if these two persons resign. Today, the situation is that the disqualification proceedings which have been initiated against these two persons are pending.

9. The 7th Respondent, Avinash Mahatekar, is not a member of either House but he is a Member of the Republican Party of India, Athawale Group. He is equally a beneficiary of a berth in the State Cabinet. He will also not be elected either, for no election is possible to enable him to get