1. These two matters arise out of a common reference order made by a learned Single Judge in two writ petitions under the following circumstances.

2. Shri R. Balakrishna Pillai was sworn, in as a Minister of the Cabinet headed by Shri K. Karunakaran in 1982. At the function of the Kerala Congress held at Ernakulam, on the 25th of May, 1985, the Minister made a speech which gave rise to four writ petitions, two of which have been disposed of in the year 1985.

3. It is alleged that the speech of the Minister was "intended to bring out hatred, contempt or disaffection and was an attempt to excite disaffection towards the Government established by law in India" and an assault on the unity and integrity of India and thus he committed a breach of his oath. The Chief Minister sought clarification from the Minister and did not precipitate any action. K. C. Chancy, claiming to be a citizen, filed a writ petition in this Court as O.P. No. 5360 of 1985 for the issuance of a writ of quo warranto to prevent the Minister from discharging his functions as a Minister. The writ petition was admitted and notice ordered on 5th June, 1985. While admitting the writ petition, a learned Single