VEERASWAMI, RAMAPRASADA RAO, RAGHAVAN
S. Balasubramaniam – Appellant
Versus
M. Karunanidhi – Respondent
(By the Chief Justice)
These are petitions for quo warranto against Srimathi Indira Gandhi, the Prime Minister of India, Thiru M. Karunanidhi, Chief Minister of Tamil Nadu, and the members of his Council of Ministers. On the advice of the Prime Minister, the President, acting under Art. 85(2)(b) of the Constitution, dissolved the House of the People, with effect from 27th December 1970. He took the step in view of her statement that she wished to seek a fresh mandate of the people to enable her Government to implement effectively the socialistic and secular programme and policies. In her broadcast the same day, she announced that fresh elections would be held in a couple of months, and that until the new Government was formed, her Cabinet would continue to function. Likewise, acting on the advice of the Chief Minister, the Governor, in exercise of his powers under Art. 174(2)(b) dissolved the Legislative Assembly of the State with effect from 4th January 1971. The Chief Ministers advice was made with a view to obtain a fresh mandate from the people to enable the State Government to implement mere effectively the socialistic and secular programmes and policies. Since then,
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