New Delhi, August 22
The Supreme Court today fixed August 30 for hearing three applications in the Bihar Assembly dissolution case demanding the placing of Governor Buta Singh’s two reports on record, seeking stay of the election and making the Governor a party to it.
A Bench comprising Chief Justice R.C. Lahoti, Mr Justice G.P. Mathur and Mr Justice P.K. Balasubramanyan clarified that the court had not deleted the name of the Governor from the list of respondents but only issued notices in this regard while hearing some other petitions subsequent to issuing notice to the Governor on a writ petition by four former MLAs.
Senior advocate Soli J. Sorabjee, appearing for the MLAs, said the notice was issued to Governor Buta Singh in personal capacity for the allegation against him by the petitioners of “legal mala fide” in recommending the dissolution.
“Why should the notice to him be recalled. We want to make him party,” Sorabjee said adding that as per the Bomai case
judgment, the Governor could be made a party.
While the application for placing on record the Governor’s report was moved by the former NDA MLAs, led by the Rameshwar Prasad (BJP), an application for the stay of election was filed by two other petitioners.
(Attorney)-General Milon Banerjee and Additional Solicitor-General Gopal Subramaniam, appearing for the Centre, said the Government had reservation to placing on record the reports of the Governor as it was protected by law but it had no objection to showing the same to the Bench.
The court further clarified that the main case had been referred to a constitution Bench and further hearing on all petitions on the dissolution issue would take place on September 27 by it.
On August 30, the hearing would be limited to only the applications for placing on record the Governor’s report, making him a party and plea for stay of the election before a normal three-judge Bench, it said.
