Buta Singh: In glare

New Delhi, Sept. 20: Was Bihar governor Buta Singh ready to consider only two options ? either a Rashtriya Janata Dal (RJD) government or President’s rule ? the Supreme Court asked today.

In focus before the five-judge Constitution bench was Singh’s failure to invite the single largest coalition to form the government, and his recommendation of Assembly dissolution even before swearing the new MLAs in.

Former attorney-general Soli J. Sorabjee argued through the day challenging the Assembly dissolution in May. He read out the governor’s letter of April 27 to the President, which said the RJD legislators were becoming “restive” and the BJP-Janata Dal (United) was trying to woo MLAs from other parties.

At this, Justice Ashok Bhan asked “whether Buta Singh wanted only an RJD government or President’s rule and no other option ...?”

Justice B.N. Agrawal then mentioned that the Tenth Schedule of the Constitution allows a two-thirds split in a party, so how could the governor “pre-empt” the possibility that there could be a majority forming the government?

Sorabjee, who appeared for a group of MLAs from the dissolved House, argued: “The tenor of (Singh’s) report and its contents reveal a partisan approach ? to assist RJD and placate its leader Laloo Prasad Yadav and thereby to ensure its support to the UPA government at the Centre.”

He said the governor should be summoned to answer his “personal and legal malafides”.

Proceedings will continue tomorrow. After Sorabjee, apex court advocate Viplav Sharma, who has filed a public interest litigation against the House dissolution, will argue his case. The court will also hear counsel for Purnima Yadav, a Independent MLA of the dissolved Assembly.