M A I N   N E W S

Buta’s reports silent on horse-trading
Legal Correspondent

New Delhi, September 2
Bihar Governor Buta Singh’s two controversial reports that led to the dissolution of the state Assembly, submitted to the Supreme Court today, were virtually silent on the purported “horse trading”, which was cited as the main reason for dissolving the House by the Centre.

This is perhaps for the first time that the Governor’s reports were made public on the direction of the apex court, following the allegations against Buta Singh of acting in a “mala fide” manner to prevent the NDA from forming a Government under JD(U) leader Nitish Kumar, to whom a section of Ram Vilas Paswan’s party LJP had extended support to cobble a majority in the 243-member House.

In his May 21 report, sent to President A.P.J. Abdul Kalam by the Bihar Governor from his camp office in Delhi, he on the one hand referred to the “restiveness” among RJD MLAs and on the other mentioned about certain intelligence reports, media reports and feedback from some political functionaries “indicating various allurements” being offered to 17 or 18 LJP legislators, who were “moving towards the JD(U)”. But both reports were silent on specific charges of “horse trading”, as had been stated by the Governor to media during his stay in Delhi before sending his final report on May 21 to the President.

A five-Judge Constitution Bench would hear on September 6 two applications, challenging the actions and “non-performance” of his constitutional obligations by the Governor and seeking to make him a party to the case. The applications had also sought stay of the election in Bihar till adjudication of the dissolution issue. Three petitions had challenged the Centre’s action in respect of Bihar on the ground that it acted in “violation” of the Constitution.

The petitioners had accused Buta Singh of “not performing” his constitutional duty of administering the oath to MLAs after the Assembly was constituted on March 4 and instead recommending imposition of President’s rule on March 7 by keeping the House in suspended animation, which was eventually dissolved on May 23.

The Governor had describing the move of LJP MLAs to align with the NDA as a “very disturbing and alarming feature”. He stated that he had in his April 27 report already drawn the attention to the fact that “RJD MLAs had become restive in the light of the moves made by the JD-U” and putting pressure on their party chief Lalu Prasad either to form the government in the state on the UPA pattern in Centre with the support of LJP and others, or ensure the continuance of President’s rule.

“The reports received by me in the recent past through the media and also through meeting with various political functionaries, as also intelligence reports, indicate a trend to win over elected representatives of the people. Report has also been received of one of the LJP MLA, who is General Secretary of the party, having resigned today and also 17-18 more perhaps are moving towards the JD-U clearly indicating that various allurements have been offered which is a very disturbing and alarming feature,” the Governor said.

He said any move by the LJP’s breakaway faction to align with any other party to “cobble majority” and stake claim to form a government would “positively affect the constitutional provisions and safeguards built therein and distort the verdict of the people as shown by the results of the elections.”

He was of the view if the trend was not arrested immediately, it might not be “possible to contain the situation. “In my view… it would be desirable in the interest of the state that the Assembly kept in suspended animation is dissolved” and people were provided with one more opportunity to elect their representatives.