Monday, June 27 2005 18:11 Hrs (IST) - World Time -

New Delhi: Diluting Bihar Governor Buta Singh's claim of having "evidence" of NDA's (National Democratic Alliance) "horse-trading" to form Government in Bihar, the Centre has filed an affidavit in the Supreme Court saying there was a "strong apprehension" in this regard which led to dissolution of the State Assembly.

Responding to the petition filed by former legislators belonging to NDA challenging the dissolution of the House, the Centre said apprehensions of this nature were continuously expressed by the Governor and if the House was not dissolved, it would have put the democracy at peril.

Saying that the President's subjective satisfaction was not justifiable, it said it was only filing its preliminary objection to the petition reserving its right to file a detailed affidavit.

The Governor, after the dissolution of the Assembly, had told reporters that, "A worst type of horse-trading was taking place and to stop it, the dissolution of the house was the lone option to save democracy."

The Centre's affidavit also ridiculed the claim of NDA that it was on the brink of staking claim to form the Government on May 23, a day before the dissolution of the House after a midnight meeting of the Cabinet recommending to that effect.

The Centre said that if the NDA had the requisite strength to claim majority, they should have gone and met the Governor with the MLAs to stake claim to form the Government, which they never did.

The former legislators belonging to JDU (Janata Dal United), BJP and break-away LJP (Lok Janshakti Party) had moved the Court accusing the Centre of subverting democratic norms at the behest of RJD (Rashtriya Janata Dal) Chief Laloo Prasad to prevent JDU leader Nitish Kumar from staking claim to form Government.

The petition was filed by four former legislators - Rameshwar Prasad Chaurasia (BJP), Kishore Kumar Munna (Independent), Rampravesh Rai (JDU) and Dr Anil Kumar (breakaway LJP) - who were all elected in the 2005 elections.

Making both the Centre and Governor Buta Singh the respondents, the petition filed through advocate Maninder Singh had stated that 22 of the 29 MLAs of LJP had agreed to merge with JDU and the party leader Nitish Kumar was to stake claim before the Governor on May 23.

"When it became evident on the evening of May 22 that the majority was veering around an NDA Government led by Nitish Kumar, a decision was taken in the midst of darkness at midnight to recommend the dissolution of the Bihar Assembly," the petition said.

Criticising the Governor for sending a report containing "baseless allegations" about non-existing horse-trading, the petitioners said the dissolution of an Assembly could not be done without an honest appraisal that the governance of the State could not be carried on in accordance with the provisions of the Constitution.

"Dissolution of the Assembly within 79 days of its creation without holding any meaningful efforts to explore the possibility of a formation of a popular Government itself is unconstitutional," they said.

The Governor had also at one point of time indicated about filing of FIRs against leaders for indulging in horse-trading but later said it was not his job to file FIRs.