SUPREME COURT CASE NO:

Writ Petition (civil) 257 of 2005

RAMESHWAR PRASAD & ORS.VS.UNION OF INDIA & ANR

PETITIONER:
Rameshwar Prasad & Ors.

RESPONDENT:
Union of India & Anr.

DATE OF JUDGMENT: 24/01/2006

BENCH:
Y.K. Sabharwal CJI & K.G. Balakrishnan & B.N. Agrawal & Ashok Bhan & Arijit Pasayat

JUDGMENT:

JUDGMENT Delivered by Y.K. Sabharwal, CJI K.G. BALAKRISHNAN, J ARIJIT

PASAYAT J.

With W.P. (C) No.255 of 2005, W.P. (C) No.258 of 2005 and W.P.(C) No.353 of 2005 Y.K.
Sabharwal, CJI.

FACTS : The Elections took place in the State of Bihar in the year of 2005 by the Election
Commission of India and its results were announced on 04th March, 2005. The Bihar Assembly consists
of 243 total seats and a party to come into power & form the government requires to cross the golden
mark of 122 seats. The seats-won breakup is hereby illustrated :

92
(1)National Democratic Alliance Party (NDA)
75
(2) Rashtriya Janta Dal Party (RJD)
29
(3) Lok Janshakti party (LJP)
10
(4)Congress
07
(5) Communist party of India ( M-L CPI)
04
(6) Samajwadi party
 03
(7) national congress party (NCP)
02
(8)Bahujan samaj party (BSP)
17
(9)Independents
09
(10)Others

Thus, no party individually and with the respective coalition which was entered before the
elections. could cross the simple mark, which resulted. In the Impostor of the Presidents Pule in
the State, as government could not be form. Followed by the Impostor of Presidents Rue, the top
2 coaton's major pates (NOAH, &PM- JOU) Indulged In the wrongful practices Including those
where the MIA's of the aforesaid pates allegedly promised the LIP MIA's money and potcal
post°. to van them over The. MIAs were being swayed on the grounds of releon, caste and creed
etc The then Governor of Bihar bought the srtuaton before the then Hon'ble President of Inds
Shn A PJ Abdul Kalam Azad, which was not noticed at Governor's,. letter, but took t seriously
when 2.1 letter to his majesty reached This res.. In the emergency cabinets meetng with the
Hon'ble President, which took the decision to dissolve the Bihar Legislative Assembly on 23rd
May, 2005- even before the Assembly had had AS first meet. The order of dissolution raised an
upsurge in the political community which argued on the ground that, withom even a single
meeting and Assembly not being officially met once, how it could be regarded as functional and
thereby if it wasn't functional, then how it could be dissolved? In respect of the same, a Public
Interest Lrtgabon was filetl before the Hon'ble Supreme Court of Inds to challenge the
constrt.onal valttrty of the Presidents order of dissolution and the decision to the same was
delivered on 24th January, 20.