'Bihar Assembly elections to go ahead as scheduled' Friday, October 7 2005 12:07 Hrs (IST) - World Time -
New Delhi:
Clouds of uncertainty over elections in Bihar lifted today (Oct 07, 2005) with the Supreme Court rejecting the demand for the revival of the dissolved assembly though it held the Presidential proclamation in May as 'unconstitutional'.
"Despite the unconstitutionality of the proclamation the facts and circumstances of the case at present is not a case where the status quo ante can be restored and the Legislative Assembly revived," a five-judge Constitution Bench headed by Justice Y K Sabharwal said.
In its majority judgement on a batch of petitions challenging the dissolution of the Assembly, the Bench said, "the proclamation of May 23 of dissolving the Assembly is
unconstitutional."
During the marathon arguments in the case, the court had indicated that it could give a short order before it rose of the Puja vacation today which gave rise to speculation that it may revive the Assembly, thus rendering the election process infructous before the first phase of polling on October 18.