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1998 Supreme(Ker) 353

K.NARAYANA KURUP
Asafali – Appellant
Versus
E. K. Nayanar – Respondent


Judgment :-

K. Narayana Kurup, J.

Heard learned counsel for the petitioner and the learned Advocate General at length.

2. The prayer in this Original Petition is for a declaration that the first respondent - Chief Minister having violated the oath of allegiance to the Constitution of India as a Member of the Legislative Assembly of Kerala representing the Thalassery Constituency is no longer qualified or eligible to represent the said Constituency, declare that the first respondent having violated the oath of office and secrecy as Chief Minister of the State of Kerala, he is liable to demit the office of Chief Minister forthwith, for the issuance of a writ of certiorari to quash Ext. P1 press release and for other incidental reliefs. As per Ext. P1 press release, it is stated that the 2nd respondent has been appointed the representative of the Chief Minister in Thalassery Constituency. The contention advanced is that the Chief Minister being a constitutional functionary, the duties, responsibilities, powers and privileges of the Chief Minister cannot be delegated to another person. Considering the multitudinous functions which a Chief Minister is called upon to discharge, I do not th



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