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KARNATAKA:

27. Taking first the challenge to the Proclamation issued by the President on 21.4.1989 dismissing the Government of Karnataka and dissolving the State Assembly, the Proclamation does not contain any reasons and merely recites that the President is satisfied on a consideration of the report of the Governor and other information received by him, that the Government of the State cannot be carried on in accordance with the provisions of the Constitution. The facts were that the Janata Party being the majority party in the State Legislature had formed Government under the leadership of Shri S.R. Bommai on 30.8.1988 following the resignation on 1.8.1988 of the earlier Chief Minister, Shri Hegde who headed the Ministry from March 1985 till his resignation. In September 1988, the Janata Party and Lok Dal [B] merged into a new party called Janata Dal. The Ministry was expanded on 15.4.1989 with addition of 13 members. Within two days thereafter, i.e., on 17.4.1989, one Shri K.R. Molakery, a legislator of Janata Dal defected from the party and presented a letter to the Governor withdrawing his support to the Ministry. On the next day, he presented to the Governor 19 letters allegedly signed by 17 Janata Dal legislators, one independent but associate legislator and one legislator belonging to the Bhartiya Janata Party which was supporting the Ministry, withdrawing their support to the Ministry. On receipt of these letters, the Governor is said to have called the Secretary of the Legislature Department and got the authenticity of the signatures on the said letters verified. On 19.4.1989, the Governor sent a report to the President stating therein that there were dissensions in the Janta Party which had led to the resignation of Shri Hegde and even after the formation of the new party, viz., Janata Dal, there were dissensions and defections. In support of his case, he referred to the 19 letters received by him. He further stated that in view of the withdrawal of the support by the said legislators, the chief Minister, Shri Bommai did not command a majority in the Assembly and, hence, it was inappropriate under the Constitution, to have the State administered by an Executive consisting of Council of Ministers which did not command the majority in the House. He also added that no other political party was in a position to form the Government. He, therefore, recommended to the President that he should exercise power under Article 356[1]. It is not disputed that the Governor did not ascertain the view of Shri Rommai either after the receipt of the nineteen letters or before making his report to the President. On the next day, i.e., 20.4.1989. seven out of the nineteen legislators who had allegedly written the said letters to the Governor sent letters to him complaining that their signatures were obtained on the earlier letters by misrepresentation and affirmed their support to the Ministry. The State Cabinet met on the same day and decided to convene the Session of the Assembly within a week i.e., on 27.4.1989. The Chief Minister and his Law Minister met the Governor the same day and informed him about the decision to summon the Assembly Session. It is also averred in the petition that they had pointed out to the Governor the recommendation of the Sarkaria Commission that the strength of the Ministry should be tested on the floor of the House. The Chief Minister also offered to prove has majority on the floor of the House even by proponing the Assembly Session, if needed. To the same effect, he sent a telex message to the President. The Governor, however sent yet another report to the President on the same day i.e., 20-4-1989, in particular, referring to the letters of seven members pledging their support to the Ministry and withdrawing their earlier letters. He, however, opined in the report that the letters from the seven legislators were obtained by the Chief Minister by pressurising them and added that horse-trading was going on and atmosphere was getting vitiated. In the end, he reiterated his opinion that the Chief Minister had lost the confidence of the majority in the House and repeated his earlier request for action under Article 356[1]. On that very day, the President issued the Proclamation in question with the recitals already referred to above. The Proclamation was, thereafter approved by the Parliament as required by Article 356[3], Shri Bommai and some other members of the Council of Ministers challenged the validity of the Proclamation before the Karnataka High Court by a writ petition on various grounds. The petition was resisted by the Union of India, among others. A three-Judge Bench of the High Court dismissed the petition holding, among other things, that the facts stated in the Governor's report could not be held to be irrelevant and that the Governor's satisfaction that no other party was in a position to form the Government had to be accepted since his personal bona fides were not questioned and his satisfaction was based upon reasonable assessment of all the relevant facts. The Court also held that recourse to floor-test was neither compulsory nor obligatory and was not a pre-requisite to sending the report to the President. It was also held that the Governor's report could not be challenged on the ground of legal mala fides since the Proclamation had to be issued on the satisfaction of the Union Council of Ministers. The Court further relied upon the test laid down in the State of Rajasthan case [supra] and held that on the basis of the material disclosed, the satisfaction arrived at by the President could not be faulted.