NEW DELHI: The Supreme Court declined to entertain an application seeking a stay of the Bihar Assembly elections, the first phase of which began on Tuesday.

A Bench, comprising Justices Y.K. Sabharwal and C.K. Thakker, dismissed advocate Viplav Sharma's application seeking a clarification of the October 7 order by a Constitution Bench, which said the dissolution of the Assembly was unconstitutional.

Mr. Sharma said the decision of Constitution Bench not to restore the Assembly as it stood on the date of Proclamation, March 7, did not mean that the House was not revived. It stood revived and was kept under suspended animation; hence, the elections could not be held as it would amount to having two sets of legislators for the same Assembly.

Rejecting this submission, the Bench said there was no need for any clarification as the October 7 order was a conscious decision by the Constitution Bench, which was aware of the four-phase poll schedule.

"That is why we decided not to stay the election process," Mr. Justice Sabharwal said. "You want us to grant an order staying the elections, something we specifically declined. By seeking a stay, you are challenging the poll notification of the Election Commission, which was not the issue before us."

Mr. Justice Sabharwal said the reasons for not reviving the Assembly would be recorded in the main judgment on the petitions challenging its dissolution. That verdict would take some time. "We have to take into consideration every angle as it would have far-reaching consequences and would not just be confined to Bihar."

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