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Regular-article-logo Tuesday, 03 June 2025

Assembly dissolution appeal

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OUR LEGAL CORRESPONDENT Published 30.05.05, 12:00 AM

New Delhi, May 30: A public interest litigation was filed in the Supreme Court today challenging the dissolution of the Bihar Assembly.

The PIL filed by Shiv Kumar Prasad Singh, who unsuccessfully contested the last Bihar Assembly elections, claimed that he was a “politically enlightened citizen of India and a voter in the state of Bihar” and, therefore, had a “locus standi” to file the plea.

The petition, filed under Article 32 of the Constitution alleging violation of fundamental rights, sought quashing of the Union home ministry’s May 23 notification dissolving the Assembly in Bihar and a stay on the election process in the state till the Supreme Court decides the case.

The petitioner’s counsel, R.D. Upadhyay, contended that the recommendation by governor Buta Singh to dissolve the Assembly was “unconstitutional”, not “bona fide” and meant to “frustrate (the) mandate of the electorate”.

The PIL said the governor should have waited for some more time for the formation of a legitimate government in the state as it was already under President’s rule.

The petition accused the governor of acting “on the basis of baseless reports about ‘horse-trading’ of newly-elected MLAs”. It said the governor should have proceeded against those indulging in “horse-trading” if he had “solid evidence”.

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