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SC: Reviving dissolved Bihar Assembly still an option
September 29, 2005 19:15 IST
Fresh clouds of uncertainty gathered on Thursday over the Bihar elections with the Supreme Court keeping open the option of reviving the previously dissolved Assembly. It said it could pass a short order before October 18, the first phase of the polls, if it wants to quash the Presidential proclamation dissolving the House.
Reserving its order on a bunch of petitions challenging the dissolution of the assembly on the basis of a report by Governor Buta Singh, a five-judge Constitution bench, headed by Justice Y K Sabharwal, said, 'if we strike down the proclamation, we may come with a short order before October 18'.
The bench, also comprising Justice K G Balakrishnan, Justice B N Agarwal, Justice Ashok Bhan and Justice Arijit Pasayat, said, considering the nature of controversy, there was also a possibility that it could not come up with a comprehensive judgement before the first phase of the poll.
"In that case, the final judgement will be pronounced later on," it said.
Meanwhile, former attorney general Soli J Sorabjee, appearing for the members of the dissolved Aseembly, asserted that no credible explanation at all has been offered by the Centre for the 'indecent haste' with which the governor sent the May 21 report that led to the dissolution of the House.
"The indecent haste in ordering dissolution clearly led to the inevitable conclusion that the object of dissolution was the oblique motive of preventing JD(U) leader Nitish Kumar from even staking a claim to form government," he said.