A petition has been filed in the Madras High Court seeking issue of a writ of quo warranto calling upon Deputy Chief Minister O. Panneerselvam to show cause under what authority of law was he holding the office since the Constitution does not contemplate such a post and provide for an individual to take oath of office as Deputy CM.
Chennai-based advocate V. Elangovan had filed the case. According to his affidavit, Mr. Panneerselvam’s appointment was bad in law and the latter had no authority to continue in the post since he had taken oath of office directly as a Deputy CM without being appointed as one of the Ministers in the cabinet and then getting designated as Deputy CM.
The petitioner pointed out that Article 164(1) of the Constitution states that the authority to appoint the Chief Minister of every State vests with the Governor who would also be appointing the other Ministers on the advice of the Chief Minister. The provision also states that the Ministers could hold office during the pleasure of the Governor.
Further Aritlce 164(1A) states that the total number of Ministers, including the Chief Minister, in the Council of Ministers in a State should not exceed 15% of the total number of members of the Legislative Assembly. A proviso to the Article makes it clear that the number of Ministers, including the CM, in a State should not be less than 12.
“There is no provision under the Constitution for the appointment of a Deputy Chief Minister,” Mr. Elangovan said and relied upon live telecast of the oath taking ceremony on various television channels to claim that the Governor had indeed administered oath of office to Mr. Panneerselvam as Deputy Chief Minister and not as a Minister on August 21.
