Sunday, March 6 2005 12:38 Hrs (IST) - World Time -

Patna: With the magic figure of 122 eluding rival contenders - Rashtriya Janata Dal RJD-led alliance and National Democratic Alliance (NDA) - for forming a Government in Bihar, the State is likely to be brought under President's Rule from midnight tonight (Mar 6, 2005) when the term of the outgoing Assembly expires.

An eminent lawyer and constitutional expert, Y V Giri, said that if the President, on receipt of a report from the Governor of the State or otherwise is satisfied that a situation has arisen in which the Government cannot be carried on, he can under Article 356 of the Constitution assume to himself all or any of the functions of the Government and all or any of powers vested in or exercisable by the Governor or any body or authority other than the legislature of the State.

"Since the caretaker Rabri Devi Government is collectively responsible to the outgoing Assembly the term of which expires midnight tonight, the Governor is left with no option but to recommend President's Rule," Giri said.

Raj Bhavan sources confirmed that Governor Buta Singh was consulting legal experts on the issue, but refused to divulge the details.

A senior Raj Bhavan official confided that it was also being ascertained if the Governor could allow the caretaker Chief Minister to continue for a while even after expiry of the term of the House.

RJD spokesman Shivanand Tiwari, on the other hand, said that the Governor should invite caretaker Chief Minister Rabri Devi for swearing-in and give her time to prove majority on the floor of the House, which was the appropriate forum to decide on such issue.

Rabri had yesterday (Mar 5, 2005) staked claim to form the Government on the ground that the RJD has emerged as the single largest party.

Besides her own 75 MLAs, she had submitted letters of support from the ten-member Congress, three MLAs of the Nationalist Congress Party (NCP), two of the Bahujan Samaj Party (BSP) and one of the Communist Party if India-Marxist (CPM). The combined strength of RJD and its allies is 91, still 31 short of the magic figure of 122 in the 243-member House required for majority.

A top RJD leader pleading anonymity said that the Governor had yesterday itself informed the RJD delegation, led by its president Laloo Prasad and Rabri Devi, that an overwhelming majority of MLAs had pledged not to support the RJD which, in no way, enjoyed majority.

NDA with 92 MLAs, 29 of the Lok Janshakti Party (LJP) of Ramvilas Paswan, seven of the Communist Party if India-Marxist-Leninist (CPI-ML-liberation), four of the Samajwadi Party (SP) and six Independents have already separately petitioned Governor requesting him not to entertain RJD's claim for power as it would be unconstitutional to invite them because of lack of majority.

Buta Singh is also claimed to have assured an NDA delegation yesterday that he would take sworn affidavits of support of 122 MLAs from any combination before sending invitation to form the Government.