This Article is From Jan 10, 2011

Supreme Court notice to Jharkhand chief minister Arjun Munda

New Delhi: The Supreme Court today sought a response from Jharkhand Chief Minister Arjun Munda on a petition accusing him of misusing the constitutional provision for occupying the post of Chief Minister without being elected to the state assembly.
The apex court also issued a notice to former Chief Minister and Jharkhand Mukti Morcha (JMM) supremo Shibu Soren who had held the post thrice without being elected to the Assembly within six months.
A Bench comprising Justices Altamas Kabir and Cyriac Joseph also sought a response from the Governor through its Secretary on the alleged misuse of the special provision under Article 164 (4) of the Constitution.
Article 164 (4) enables an unelected person to become the Chief Minister subject to the condition that he/she would get elected to the Assembly within six months.

The petition filed by a Delhi-based RTI activist Deb Ashish Bhattacharya through advocate Amit Pavan alleged Soren took advantage of the constitutional provision thrice while Munda was using it for the second time.
He has sought a direction for the Governor to restrain Munda to function as a full-fledged Chief Minister and from taking cabinet decisions on policy matters.