1. Consequent on the resignation of the ministry that caused a breakdown of the constitutional government in the State of Kerala, the President dissolved the Legislative Assembly and assumed the executive powers of the State to himself by a Proclamation dated September 10, 1964, which was approved by the Parliament by a resolution on September 30,1964. A general election was held thereafter, in February/ March 1965, for the purpose of constituting a new Legislative Assembly in the State; and the names of members elected for the various Constituencies were notified under S.73 of the Representation of the People Act, 1951, in the Kerala Gazette, Extraordinary, No. 41 dated March 17, members were declared elected, inclusive of the petitioner returned by Kuthuparamba Constituency; but no party was able to secure a working majority of seats in the Legislature. The Party position among the elected representatives was thus:

The new Legislature had never been summoned, under Art.174 of the Constitution, to meet; and therefore the members elected could not be sworn in. On March 16,1965, the Governor held consultations with the leaders of the various parties among the elected memb