New Delhi, Jan. 13: The Supreme Court today granted an advocate a week's time to establish any illegality or constitutional infirmity in the Centre's decision to present the general budget on February 1 despite the model code of conduct coming into force ahead of elections in five states.

"Tell us what is the illegality, or which constitutional provision has been violated. Tentatively, we do not find any justification in your arguments. But still, we will give you one more opportunity. Come well prepared again. We would like to know which law or provision of the Constitution has been violated," a bench of Chief Justice J.S. Khehar and D.Y. Chandrachud observed.

The bench made the observation while adjourning till next Friday advocate M.L. Sharma's PIL seeking a stay on the budget presentation.

Elections in five states will be held between February 4 and March 8. The Opposition fears that announcement of populist schemes in the budget could bolster the BJP's chances in the elections.

In his petition, Sharma has cited Para 16A of the Election Symbols (Reservation and Allotment) Order 1968, which empowers the Election Commission to suspend or withdraw recognition to a political party for its failure to observe the model code of conduct.

The following is the relevant provision:

16A: "Power of Commission to suspend or withdraw recognition, of a recognized political party for its failure to observe Model Code of Conduct or follow lawful directions and instructions of the Commission.

"Notwithstanding anything in this Order, if the Commission is satisfied on information in its possession that a political party, recognized either as a National party or as a State party under the provisions of this Order, has failed or has refused or is refusing or has shown or is showing defiance by its conduct or otherwise (a) to observe the provisions of the 'Model Code of Conduct for Guidance of Political Parties and Candidates' as issued by the Commission in January, 1991 or as amended by it from time to time, or (b) to follow or carry out the lawful directions and instructions of the Commission given from time to time with a view to furthering the conduct of free, fair and peaceful elections or safeguarding the interests of the general public and the electorate in particular, the Commission may, after taking into account all the available facts and circumstances of the case and after giving the party reasonable opportunity of showing cause in relation to the action proposed to be taken against it, either suspend, subject to such terms as the Commission may deem appropriate, or withdraw the recognition of such party as the National Party or, as the case may be, the State Party."