Friday, June 10 2005 16:41 Hrs (IST) - World Time -

New Delhi: The Supreme Court today (Jun 10, 2005) asked the Centre to file an affidavit within two weeks to substantiate its stand that no prima facie case could be made out on the petition filed by the former legislators of Bihar challenging the decision to dissolve the State Assembly.

Without issuing notice, a Bench comprising Justice P V Reddy and Justice Arijit Pasayat said, "There was little scope for the judicial interference in the matter and we feel that at this juncture no notice could be issued".

The Bench said the petitioners will have to file the reply within a week after the affidavit is filed and posted the matter for hearing on reopening of the court after summer vacation.

The order to this effect was passed at the end of the board after deliberate discussion took place among the judges in their chamber, as they did not give direction immediately after the conclusion of the arguments.

The petition filed by four former MLAs-- Rameshwar Prasad Chaurasia (BJP), Kishore Kumar Munna (Ind), Rampravesh Rai (JDU) and Dr Anil Kumar (breakaway LJP) -- all elected in 2005 polls accused the UPA (United Progressive Alliance) Government of subverting democratic norms at the behest of RJD (Rashtriya Janata Dal) Chief Laloo Prasad to prevent JDU (Janata Dal United) leader Nitish Kumar from staking claim to form Government.

Senior advocate Gopal Subramaniam, appearing for the Centre, at the outset of the hearing, contended that no prima facie case could be made out for entertaining the petition filed by the MLAs of the dissolved Assembly.

Questioning the documents annexed with the petition on the issue, he submitted that these itself will show that no case could be made out prima facie to entertain the petition.