RAMESHWAR PRASAD AND ORS. versus UNION OF INDIA AND ANR.

RAMESHWAR PRASAD AND ORS. versus UNION OF INDIA AND ANR.

The Proclamation dated 23rd May, 2005 dissolving the Legislative Assembly of Bihar was unconstitutional; however, given the facts and circumstances, restoration of the Assembly as it stood on 7th March, 2005 is not warranted under discretionary jurisdiction.

Parties
Petitioner: Rameshwar Prasad and Ors.; Respondent: Union of India and Anr.; Intervener: Election Commission of India; Respondent: State of Bihar; Respondent: Respondent in I.A. No. 8/2005 in W.P.(C) No. 257/2005
Jurisdiction
India
Judgment Date
07 October 2005
Procedural Posture
Writ Petition (civil) Original Jurisdiction Under Article 32 of the Constitution of India / Order Pronounced; Reasons to Follow
Outcome
Proclamation dissolving the Assembly found unconstitutional, but Assembly not restored; writ petitions disposed.
Legal Topics
Dissolution of Legislative Assembly, President's Rule, Exercise of Discretionary Jurisdiction, Unconstitutionality of Government Action
Constitutional Law Dissolution of Legislative Assembly President's Rule Exercise of Discretionary Jurisdiction Unconstitutionality of Government Action

Case Brief

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Parties

Rameshwar Prasad and Ors.

Petitioner

Union of India and Anr.

Respondent

Election Commission of India

Intervener

State of Bihar

Respondent

Respondent in I.A. No. 8/2005 in W.P.(C) No. 257/2005

Respondent

Procedural Posture

Writ Petition (civil) Original Jurisdiction Under Article 32 of the Constitution of India / Order Pronounced; Reasons to Follow

Legal Issues

  1. 1 Whether the Proclamation dated 23rd May, 2005 dissolving the Legislative Assembly of Bihar is constitutional
  2. 2 Whether status quo ante deserves to be ordered to restore the Legislative Assembly as it stood on 7th March, 2005

Ratio Decidendi

The Proclamation dated 23rd May, 2005 dissolving the Legislative Assembly of Bihar was unconstitutional; however, given the facts and circumstances, restoration of the Assembly as it stood on 7th March, 2005 is not warranted under discretionary jurisdiction.

Court Disposition

Proclamation dissolving the Assembly found unconstitutional, but Assembly not restored; writ petitions disposed.

Orders

  • The Proclamation dated 23rd May, 2005 dissolving the Legislative Assembly of Bihar is unconstitutional.
  • Assembly will not be restored to the status as of 7th March, 2005.