AIR 2020 (NOC) 59 (BOM.) ::2019 (6) ABR 205 ::AIROnline 2019 BOM 949

Bombay High Court

Hon'ble Judge(s): S. C. Dharmadhikari, G. S. Patel , JJ

(A) Constitution of India , Art.164(4), Art.173, Art.191(2), Sch.10— Induction of Ministers - In Maharashtra State Cabinet of Ministers - Persons elected as M.L.A.s of opposite political parties resigning from their political parties , joining ruling parties and were given Ministerial berths when House having less than six months term left - Proceedings for their disqualification already initiated by their erstwhile political parties - They were required to be elected as Member of Legislature within period of six month and if not so elected within period of six months they would cease to be Ministers - However as the House was having less than six months term left , no possibility of their election - Fact of their crossing over appearing to be for political gain - Political compulsion or convenience should not result in compromise with constitutional values - However courts cannot declare them as disqualified when proceedings for their disqualification already pending . (Para 64 65 67 68 71) (B) Constitution of India , Art.191, Art.226, Sch.10— Members of Maharashtra Legislative Assembly (Disqualification on Ground of Defection) Rules (1986) , R.6, R.7, R.8— Disqual....