Wednesday, August 31 2005 18:16 Hrs (IST) - World Time -

New Delhi: With the November 22 deadline for constituting the Bihar Assembly approaching fast, the Election Commission got a virtual go ahead from the Supreme Court to announce the poll schedule as it refused to pass any order on the plea for a stay on the election process.

A three-judge Bench comprising Chief Justice R C Lahoti, Justice G P Mathur and Justice P K Balasubramanyan framed four important questions on the scope and extent of immunity from court proceedings enjoyed by the Governors under Article 361 and referred it to a Constitution Bench, which would begin hearing from September six.

It said that the plea for stay on the elections as sought by petitioners, including former National Democratic Alliance (NDA) MLAs, who have challenged the dissolution of the House by Presidential proclamation on May 23, could be heard by the Constitution Bench.

However, things said by S Muralidhar, counsel for the Election Commission, could be considered as an indication, then the Commission would come out with the press release announcing the poll schedule within two to three days signaling commencement of the poll process and coming into force of the Model Code of Conduct.

"The Commission usually issues the press release at least three weeks before the proposed dates of election. The Commission would issue the release within two to three days," he said.

He also said that the elections would be conducted in three or four phases taking into account the number of holidays falling in the months of October and November. The former MLAs - Rameshwar Prasad Chaurasia (BJP), Kishore Kumar Munna (Independent), Rampravesh Rai (JD-U) and Anil Kumar (breakaway LJP), along with Viplav Sharma and Purnima Yadav had challenged the dissolution of the Assembly, which was under suspended animation since March 7.

Sharma and Yadav's counsel P S Narasimha had contended that the Commission should be restrained from announcing the poll dates as it would bar any interference in it by the apex Court rendering the petitions challenging the Centre's decision to impose President's Rule as infructuous.

The Bench, before breaking for lunch, had wanted to know from the Commission as to whether it could wait till September six, when the Constitution Bench would take up hearing of the matter.

While Muralidhar said that on this issue the Commission would go by what the apex Court said, Additional Solicitor General Gopal Subramaniam said any such observation would amount to a stay.

Subramanian said any such order tantamounting to a stay on the impending election process would hit at the root of the presidential proclamation which intended to put in place a popular government through fresh elections.

The Court, when it reassembled in the afternoon, framed four questions on the scope and extent of the immunity from court proceedings enjoyed by the Governors and referred it to a Constitution Bench for hearing.

When the petitioners reiterated their plea for stay on the poll process, the Bench said it was not going to pass any orders on this issue and they could raise the matter before the Constitution Bench.