B.R. Kapoor vs State Of Tamil Nadu And Anr

The Supreme Court held that a non-elected individual, whose nomination for the Legislative Assembly was rejected due to disqualification under Section 8(3) of the Representation of People Act, 1951, cannot be appointed as Chief Minister or Minister under Article 164 of the Constitution. The Court emphasized that the qualifications for being a member of the Legislative Assembly under Article 173 and disqualifications under Article 191 must be adhered to, despite arguments that the Governor is bound to appoint the leader of the majority party. The Court concluded that the Governor's discretion under Article 164 does not override the constitutional qualifications required for legislative membership.