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1976 Supreme(Mad) 290

P.S.KAILASAM, BALASUBRAMANYAN
M. Karunnanidhi – Appellant
Versus
Union of India, Represented by the Secretary to Govt. Cabinet Secretariat Dept. of Personnel and Administration Reforms, New Delhi – Respondent


Advocates:
K.K. Venugopal for C.S. Waidyanathan, for Petitioner; K. Parasaran and R. Thyagarajan, for Respondents.

Judgement

P. S. KAILASAM, C.J.:- This petition is filed by Mr. Karunanidhi, former Chief Minister of Tamil Nadu, under Art. 226 of the Constitution for the issue of a writ of certiorari calling for the records relating to Notification No. SO-74 (E) dated 3-2-1976, issued by the Department of Personnel Administrative Reforms, Government of India, under S.3 of the Commissions of Enquiry Act 1952, and quash the same. The affidavit filed in support of this petition, after setting out the history of the Government of Tamil Nadu and the Dravida Munnetra Kazhagam, which was running the Government from 1967 upto 31st January 1976, refers to the Proclamation issued by the President of India on 31-1-1976 under Art. 356 of the Constitution of India assuming to himself the functions of the Government of the State of Tamil Nadu and the powers of the Government of the State, suspending the provisions of the Constitution relating to the Council of Ministers in the State and dissolving the Legislative Assembly. The Proclamation imposing President's rule was based on a report of the Governor of the State made on 29-1-1976. In his report, the Government also recommended the appointment of a commissio






























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