ORDER

Petitioner claiming to be a public spirited citizen, is knocking at the doors of this court seeking a Writ of Quo Warranto against the private respondents herein who have been appointed by the respondent-State Government as Political Secretaries, Chief Advisor and Media Advisor to the Hon'ble Chief Minister. The orders of the appointment of these respondents dated 1.6.2023 and 22.5.2023 are produced and marked as Annexures-A to D.

2. Learned counsel appearing for the petitioner argues that the appointment of the private respondents with the status of Cabinet Rank is without jurisdiction and unconstitutional. In support of his contention, he heavily banks upon Article 164(1A) of the Constitution of India which prescribes that the total number of Ministers including the Chief Minister in a State shall not exceed 15% of the total number of Members of the Legislative Assembly. The counsel submits that this ceiling limit is breached by the appointments in question. Learned Additional Government Advocate appearing for the respondent Nos.1 & 2 opposes the same contending that the provisions of Article 164 are not invokable inasmuch as none of the private respondents has been appointe