BALAKRISHNA MENON, SUKUMARAN
SUKUMARAN – Appellant
Versus
UNION OF INDIA – Respondent
1. The writ appeal is directed against the judgment of a learned single judge of this Court dismissing in limine a writ petition filed by the petitioners.
2. The 3rd respondent was, and respondents 4 to 6 are, Ministers in the State of Kerala. They belong to the 'Kerala Congress', one of the constituents of the 'ruling front' which has formed the Ministry. Kerala Congress had a party convention at Ernakulam on the 25th of May, 1985. These respondents participated and spoke in that meeting. The appellants-petitioners alleged that the 3rd respondent in his speech, aggressively exhorted for a 'Punjab model' agitation, directed against the Central Government. According to them, that speech was the result of an'anti-centre' conspiracy batched by many including respondents 4 to 6. Respondents 4 to 6 even encouraged the 3rd respondent in his speech, and had stood by him even subsequent to his resignation from the Ministry. The speech undermines the sovereignty and integrity of the Indian Union. It therefore subverts the Constitution as by law established. In so acting, they have violated the oath taken by them under Art.164(3) as Ministers before the assumption of office. They
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