( 1 ) THIS is an application for a rule nisi in a petition for a writ of quo warranto. The petition was moved on January 12, 1968 when an order was made directing the petitioner to serve notice of this application on the respondents. Pursuant to this order notice has been served upon the respondents who have appeared in this application, but some of them opposed and issue of a rule nisi, while others supported the petitioner.

( 2 ) BRIEFLY stated the events that have led to this application are as follows:after the last General Election several political parties, whose members are members of the Legislative Assembly and the Legislative Council of West Bengal, formed a coalition under the name and style of 'united Front'. The members of the United Front in the Legislative Assembly, enjoyed the support of the majority, and the Governor appointed the respondent No. 12, who was the leader of the United Front, as the Chief Minister of the State, and on the recommendation of the Chief Minister, the Governor appointed the respondent No. 1 and the respondents Nos. 13 to 29 as the other Ministers. On or about November 1, 1967, the respondent No. 1 resigned the office of a Minister, and this resignation was accepted by the Governor with effect from November 6, 1967. On the same day, namely, November 6, 1967, the respondent No. 1, with some other members of the Legislative Assembly, claimed that the United Front had ceased to command the support of the majority of the members of the Assembly, and therefore, its leaders in the Legislative Assembly had no right to function as Council of Ministers of the State. On the same day the Governor requested the Council of Ministers, headed by the respondent No. 12, to call the Legislative Assembly into session as early as possible, and not later than the third week of November, 1967, on the ground that doubts and been raised about the support of the majority of the members of the Legislative Assembly to the United front Ministry. On or about November 14, 1967, the Governor requested the respondent No. 12 to call the Legislative Assembly into session on November 23, 1967. The Council of Ministers, however, declined to accede to the Governor's request, as it had decided to call the Legislative Assembly into session on December 18, 1967. On or about November 16, 1967 the Governor again requested the Council of Ministers to agree to the Legislative Assembly being summoned not later than November 30, 1967. The Council of Ministers, however, informed the Governor that the session of the Legislative Assembly could not be called before December 18, 1967. On November 21, 1967, the Governor made an order that the respondent No. 12 should cease to hold the office of the Chief Minister of the State with immediate effect and also that the Council of Ministers headed by him stood dissolved and the other Ministers should cease to hold office. This order was followed by another order of the same day whereby the Governor appointed the respondent No. 1 to be the Chief Minister of the State and on the advice of the Chief Minister, he appointed the respondents Nos. 2 and 3 to be members of the Council of Ministers. These two orders made by the Governor on November 21, 1967 are the subject-matter of this application for a rule nisi.

( 3 ) THE first point urged by Mr. Nirmal Chandra Sen for the petitioner was that the Governor appointing a Chief Minister and other Ministers, in exercise of his powers under Article 164 (1) of the Constitution could not act in his own discretion, and that he was bound to act in accordance with the advice of the Chief Minister. It was further argued that the Governor, acting in his discretion had no power to dismiss a Chief Minister or a Council of Ministers. Mr. Sen referred to the Notification No. 3777-A. R. dated November 21, 1967, published in the Calcutta Gazette of the same date, whereby in exercise of the powers conferred by Clause (1) of Article 164 of the Constitution, the