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.

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

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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 appoi