The Supreme Court on Bihar Assembly Dissolution

The Brief Order passed by the 5 Member Bench of the Honorable Supreme Court of India on the Constitutionality of the Dissolution of the Bihar State Assembly, by Presidential Proclamation dated 23^rd May 2005, is reproduced below:

'ITEM NO.1A COURT NO.2 SECTION X


S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS


WRIT PETITION (CIVIL) NO.257 OF 2005


RAMESHWAR PRASAD AND ORS Petitioner(s)


VERSUS


UNION OF INDIA AND ANR. Respondent(s)


With Writ Petition (C) No.255 of 2005

Writ Petition (C) No.258 of 2005

Writ Petition (C) No.353 of 2005


(Heard by Hon'ble Y.K. Sabharwal, K.G. Balakrishnan, B.N. Agrawal, Ashok Bhan and Arijit Pasayat,JJ.)



Date: 07/10/2005 These Petitions were called on orders today.

UPON hearing counsel the Court made the following

O R D E R


Hon'ble Mr. Justice Y.K. Sabharwal sitting in Court No.2 pronounced the order of the Bench comprising His Lordship, Mr. Justice K.G. Balakrishnan, Mr. Justice B.N. Agrawal, Mr. Justice Ashok Bhan and Mr. Justice Arijit Pasayat.


"....Keeping in view the questions involved, the pronouncement of judgment with detailed reasons is likely to take some time and, therefore, at this stage, we are pronouncing this brief order as the order of the court to be followed by detailed reasons later.


Accordingly, as per majority opinion, this court orders as under:


1. The Proclamation dated 23rd May, 2005, dissolving the Legislative Assembly of the State of Bihar is unconstitutional.

2. Despite unconstitutionality of the impugned Proclamation, but having regard to the facts and circumstances of the case, the present is not a case where in exercise of discretionary jurisdiction the status quo ante deserves to be ordered to restore the Legislative Assembly as it stood on the date of Proclamation dated 7th March, 2005 whereunder it was kept under suspended animation."

The Judgement with detailed reasons is likely to be pronounced on 18th October 2005.