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1999 Supreme(Pat) 493

BISHESHWAR PRASAD SINGH, A.N.TRIVEDI
Sapru Jayakar Motilal C. R. Das – Appellant
Versus
Union Of India – Respondent


Judgment

B.P.SINGH, J.

1. :-

This writ petition has been filed by the petitioners for quashing that part of the direction of the Governor dated 9-3-99 whereby he has called upon the Chief Minister to prove her majority on the floor of the House within ten days of the date on which she was administered oath of office and secrecy by the Governor. Petitioner No. 1 claims to be anon political institution engaged in the work of legal studies, and research for the growth of democratic culture while petitioner No. 2 is a practic-ing advocate of this Court. Their grievance is that the Governor has no authority under the Constitution to call upon the Chief Minister who has been administered oath of office to prove her majority on the floor of the house within the period prescribed by the Governor. According to the petitioners, there is no such thing as a vote of confidence under the Indian Constitution and, therefore, by giving such a direction the Governor has acted beyond his powers and in an unconstitutional manner. Mr. Ram Janam Ojha, senior advocate who appeared for the petitioners clearly stated before us that he was not challenging the decision of the Governor to administer the oath o

























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