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1988 Supreme(Online)(AP) 11

ANDHRA PRADESH HIGH COURT
, J
Sri S. Ramachandra Rao – Appellant
Versus
Sri N. T. Rama Rao – Respondent


Advocates:
For the Appellants/Petitioners: Sri S. Ramachandra Rao
For the Respondents: Sri N. A. Palkhivala, Sri K. Parasaran

Table of Content
1. moral indiscretions raise questions against a chief minister's residency but do not constitute legal disqualification. (Para 3 , 8 , 11)
2. courts must respect the jurisdiction of the governor. (Para 4 , 5 , 12)
3. disqualification claims must show constitutional violation to support a writ. (Para 7 , 10 , 14)

1. Art.164(1) of the Constitution lays down :
"The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor."

2. Whether the High Court in exercise of its high prerogative writ jurisdiction under Art.226 of the Constitution would issue a writ of quo warranto or a writ by way of information in the nature of quo warranto declaring that the Chief Minister of the State, duly elected to the Legislative Assembly, appointed and sworn in by the Governor in accordance with Cls.(1) and (3) of Art.164 of the Constitution has forfeited his right to continue in office on the grounds raised and the allegations made in the affidavit is the important constitutional issue that arises for decision in this writ petition.

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