ANTONY DOMINIC, A.M.SHAFFIQUE
Alappey Asharaf – Appellant
Versus
Chief Minister, Govt. Secretariat – Respondent
Antony Dominic, J.
1. In this writ petition filed in public interest, the petitioner invokes the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India against respondents 3 to 6 stating that they are the Ministers in the State Cabinet, who have taken oath in terms of the Third Schedule to the Constitution of India. According to the petitioner, the Chief Minister had convened a Cabinet meeting at 8 a.m. on 15/11/2017, and the Cabinet had taken several important policy decisions, it is alleged that the aforesaid respondents abstained/boycotted from the Cabinet due to political reasons. It is alleged that the third respondent had also handed over a letter to the Chief Minister stating that their party had decided to abstain from the meeting of the Cabinet. Exhibit P1, a news report that appeared in the Hindu daily dated 16/11/2017 is produced in support of the aforesaid averments. The petitioner states that the aforesaid alleged act of abstinence/boycotting amounts to breach of oath of office taken by respondents 3 to 6, entitling him to seek the following relief’s from this Court:
"(i). To declare that respondents 3 to 6 by collectively abst
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