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May 27, 1999

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Delhi HC rejects PIL against LS dissolution

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The Delhi high court today dismissed a public interest petition challenging the order of dissolution of the Lok Sabha on the ground that a fresh elections would add to the economic burden of the country.

A division bench, comprising Chief Justice S N Variava and Justice C K Mahajan dismissed the petition filed by advocate Dr A K Sharma saying that ''in our view this is not a matter to be entertained by a court. Hence the petition is dismissed.''

attorney general Soli Sorabjee submitted that the Supreme Court had, on May 11, while dismissing a similar petition ruled that such matter may not be entertained by the court. Yesterday, another division bench of the high court had dismissed the plea questioning the role of President K R Narayanan in advising the cabinet to recommend dissolution of the lower house of Parliament.

Dr Sharma had urged the court to pass a direction quashing the motion of confidence in which the Vajpayee government was defeated by one vote, saying that the motion was held contrary to the provisions of the Constitution.

He argued that the direction of proving majority should not come from the President and it was the opposition which should move a no-confidence motion against the government.

The petition said the such dissolution of house mid-way the tenure of the Lok Sabha added huge financial burden on the country and in no way helped improving the lifestyle of those living below the poverty line.

Instead of investing so much on the elections, which is likely to cost nearly Rs 8 billion, the country need money for bettering the life of the millions of poor by providing them basic necessities.

UNI

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