RAMESHWAR PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition puts in issue the dissolution of the Bihar Legislative assembly made in exercise of the power conferred by Article 356 of the constitution. When the matter came up for hearing before a Division Bench sitting during vacation on 10-6-2005, the Bench noticed the principle of limited scope of judicial review in a matter of this nature, as settled by this court in the case of S. R. Bommai v. Union of India. The Bench considered it desirable if the matter was taken up for hearing after the respondent Union of india had filed an affidavit on the question of prima facie case.

(2.) On 24-6-2005 an affidavit of preliminary objections had been filed on behalf of the Union of India pursuant to the order passed by this Court.

(3.) The petitioners have filed a rejoinder.