Monday, May 30 2005 14:53 Hrs (IST) - World Time -

New Delhi: Terming dissolution of Bihar Assembly as "unconstitutional, a PIL filed in the Supreme Court has sought quashing of the May 23 notification by the Home Ministry on Presidential proclamation in this regard.

The petition, filed under Article 32 of the Constitution alleging violation of Fundamental Rights, was filed by one Shiw Kumar Prasad Singh, who had unsuccessfully contested Assembly polls in 2000.

Claiming to be a "politically enlightened citizen of India and a voter in the State of Bihar", Singh also sought a stay in the election process in the State till his petition was decided by the apex Court.

The petition, filed through advocate R D Upadhyay, alleged that the recommendation made by Governor Buta Singh for dissolution of the Assembly was unconstitutional, lacked bonafide and meant to "frustrate mandate of the electorate".

He said that the Governor ought to have waited for some more time for the formation of a legitimate Government in the State, as the State was already under President's Rule.

Lambasting the Rashtriya Janata Dal (RJD) for trying to perpetuate its "misrule" in the State, Singh said the Governor acted on the basis of baseless reports about "horse-trading" of MLAs and added that if the Governor had "solid evidence" he should have proceeded against those indulging in such activities.

He said "the recommendation made by the Governor for dissolution of State Assembly and the proclamation of May 23 dissolving the Assembly of State of Bihar is colourable exercise of constitutional power and as such deserves to be quashed."