Legislative disqualification bars Chief Ministership; suspension of sentence does not erase conviction-based ineligibility.

A person disqualified from being chosen as a member of the Legislature cannot be appointed or continue as Chief Minister under Article 164, because the constitutional requirement of eligibility is not cured by the six-month window for securing membership. Suspension of the execution of sentence pending appeal does not remove the conviction-based disqualification under Section 8(3) of the Representation of the People Act, since it suspends only the sentence, not the conviction or its statutory consequences. A writ of quo warranto is maintainable to test the lawful title to the office, and the appointment was held unconstitutional, subject to protection of past public acts under the de facto doctrine.

---

---

Issues: (i) Whether a person convicted of offences carrying imprisonment of not less than two years, and therefore disqualified from being chosen as a member of the Legislature, can be appointed and continue as Chief Minister under Article 164 of the Constitution. (ii) Whether suspension of the execution of sentence pending appeal removes the statutory disqualification under Section 8(3) of the Representation of the People Act, 1951. (iii) Whether a writ of quo warranto can issue against a person holding the office of Chief Minister despite the Governor's role in making the appointment.

Issue (i): Whether a person convicted of offences carrying imprisonment of not less than two years, and therefore disqualified from being chosen as a member of the Legislature, can be appointed and continue as Chief Minister under Article 164 of the Constitution.

Analysis: Article 164 must be read with Articles 173 and 191. A Chief Minister, even if initially not a member of the Legislature, must be a person who is eligible to become a member and is not subject to disqualification. The six-month window in Article 164(4) is not a licence to appoint an ineligible person; it only permits a non-legislator who is otherwise qualified and not disqualified to secure membership within that period. A person who is constitutionally barred from being chosen as a member cannot be inducted as Chief Minister merely because of political support in the House.

Conclusion: A person disqualified from legislative membership cannot be appointed or allowed to continue as Chief Minister under Article 164.

Issue (ii): Whether suspension of the execution of sentence pending appeal removes the statutory disqualification under Section 8(3) of the Representation of the People Act, 1951.

Analysis: Section 8(3) attaches disqualification on conviction and sentence of imprisonment for not less than two years. An order under Section 389 of the Code of Criminal Procedure, 1973 suspends only the execution of the sentence pending appeal; it does not erase the conviction or neutralise the statutory consequence flowing from it. The presumption of innocence does not survive a trial conviction for this purpose, and the pendency of appeal does not postpone the disqualification unless the statute itself so provides.

Conclusion: Suspension of execution of sentence does not remove the disqualification under Section 8(3).

Issue (iii): Whether a writ of quo warranto can issue against a person holding the office of Chief Minister despite the Governor's role in making the appointment.

Analysis: A quo warranto proceeding examines whether the holder of a public office has lawful authority to occupy it. The Governor's constitutional immunity does not confer immunity on the appointee, and the legality of the appointee's title to office remains justiciable. Where the appointment is contrary to constitutional and statutory disqualifications, the Court can declare it invalid and oust the holder.

Conclusion: A writ of quo warranto was maintainable and properly issued.

Final Conclusion: The Court held that constitutional eligibility to hold the office of Chief Minister requires absence of disqualification for legislative membership, that the conviction-based disqualification remained in force notwithstanding suspension of sentence, and that the impugned appointment was unconstitutional and liable to be quashed, with prospective public acts protected under the de facto doctrine.

Ratio Decidendi: A person who is disqualified from being chosen as a member of the Legislature cannot be appointed or continue as Chief Minister under Article 164, and suspension of the execution of sentence does not extinguish the disqualification created by a conviction and sentence under Section 8(3) of the Representation of the People Act, 1951.

---