In this application the petitioner prays for a Writ of quo warranto directing respondent 3 to vacate the office of the Chief Minister of Assam and respondents 4 to 2 to vacate the offices of the Council of Ministers and a Writ in the nature of mandamus for declaration that the order of appointments of the Chief Minister and the Council of Ministers appointed by the Governor of Assam under Art. 164 of the Constitution as illegal, unconstitutional and invalid. He prays for a declaration that he is the Chief Minister of Assam and he should be allowed to resume his office to exercise his powers and discharge the duties of the Chief Minister.

2. An apercu of the petitioners case may be summed up as follows:-

The petitioner is an M.L.A. on 4-9-1979 the then Ministry resigned in face of a no-confidence motion whereupon the Governor of Assam being satisfied that the petitioner enjoyed the confidence of, the majority of the Members of the Assam Legislative Assembly, hereinafter referred as "the Assembly", appointed him Chief Minister. He was sworn in and he formed his Council of Ministers who were appointed on his advice; a no-confidence motion was tabled against his Ministry but