Tuesday, May 31, 2005
Tuesday, May 31, 2005 |
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J. Venkatesan
NEW DELHI: A Bihar voter and a lawyer on Monday moved the Supreme Court challenging the constitutional validity of the move to dissolve the Assembly. The public interest petitions filed by Shiv Kumar Prasad Singh and Viplav Sharma under Article 32 sought quashing of the May 23 Union Home Ministry notification and an interim stay on the commencement of the electoral process in Bihar. According to authoritative sources in the Bharatiya Janata Party, elected members of the BJP, the Janata Dal (United) and the Lok Jan Shakti Party, apart from Independents, are expected to file similar petitions in a day or two. Mr. Singh said his fundamental right was violated by the move to dissolve the Assembly. For, the State was forced to face another election within three months. After the imposition of President's rule on March 7, all political parties were involved in government formation and when it reached a decisive stage, came the dissolution move. The Governor acted on baseless, engineered media reports that MLAs had become objects of sale and purchase, the petitioner said. Had there been "horse-trading" and had the Governor had any solid evidence of any MLA having been involved in "horse-trading", he could have proceeded against the member. Mr. Sharma alleged that the Governor had failed to discharge his constitutional obligation of administering the oath to the elected members as required under Article 188 (ii).
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