Summary:
The first Division Bench of Chief Justice Indira Banerjee and Justice M.
Sundar rejected the case by relying upon a Supreme Court judgement in a similar case. It pointed out the Bombay High Court too had followed the apex court judgement in Gopinath Munde's case. 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. The provision also states that the Ministers could hold office during the pleasure of the Governor..