Bombay HC turns down plea for Fadnavis govt dismissal

The Bombay High Court on Thursday refused to entertain a petition seeking imposition of President's rule in Maharashtra. The petition, filed by Bharipa Bahujan Mahasangh, had sought dissolution of the State Legislative Assembly and dismissal of the Devendra Fadnavis-led Council of Ministers.

"We are not inclined to entertain your petition," a Division Bench of Justices V.M. Kanade and Anuja Prabhudesai told advocate Prakash Ambedkar.

The petitioner had claimed that the current Council of Ministers and the Chief Minister had been illegally officiating as a Government. "There is a three-day delay in the constitution of the Legislative Assembly. In the face of the delay of three days, whether the Council of Ministers survives is the issue. If it doesn't, its existence and everything after that is unconstitutional," advocate Prakash Ambedkar argued.

The petition stated that while the previous Legislative Assembly was dissolved on November 8, the new Legislative Assembly came into being on November 10.

The court then asked for specific provisions in the Constitution which stated that the House shall stand dissolved in case of a delay in the constitution of a new Legislative Assembly.

When Mr. Ambedkar cited Articles 164(2) and 168 of the Indian Constitution, the bench asked, "How does it dissolve the new Assembly? The new Assembly has already come into force. What if there is a gap of two days?" 

The court further observed that it cannot interfere unless there is a specific, explicit provision in the Indian Constitution which states that a delay in the formation of a new Assembly will lead to the breakdown of the Constitutional mechanism and dissolution of the Assembly.

In the face of lack of any such provision, the court said it was not inclined to look into the matter.

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Printable version | Nov 30, 2021 11:05:01 AM |

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