( 1 ) THIS appeal is against the order passed by B. C. Mitra, J. dated February 6, 1968 by which the petition brought by the appellant under Art. 226 of the Constitution was dismissed in limine. In that petition, the petitioner challenged the title of respondents 1 to 11 to constitute and to act as the Council of Ministers for the State of West Bengal headed by respondent No. 1, P. C. Ghosh as the Chief Minister, and asked for a writ of quo warranto "quashing the warrant of quo warranto "quashing the warrant of their appointment dated November 21, 1967 and December 4, 1967 in respect of the various members of the Council of Ministers. " The main ground upon which this petition was founded was that the Governor had no power under Art. 164 of the Constitution of India to dismiss the previous Council of Ministers, on the ground that they had ceased to lose the support that they had ceased to lose the support of the majority of the Legislative Assembly of this State, - as a result of which vacancy was created for the appointment of respondents 1 to 11 as the succeeding Council of Ministers. This application was contested by the respondents and the Union of India also inter