LAWS(ALL)-1996-12-81

H S JAIN Vs. UNION OF INDIA UOI

Decided On December 19, 1996
H.S. JAIN Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) For the reasons recorded separately this court unanimously holds that the impugned Presidential Proclamation dated 17-10-1996 reimposing Presidential Rule under Article 356 of the Constitution of India in the State of Utter Pradesh subsequently approved by the Parliament is unconstitutional, issued in colourable excercise of powers and is based on wholly irrelevant and extraneous grounds and therefore, cannot be allowed to stand, consequently the same is hereby quashed.

(2.) However, to avoid any constitutional dead-lock or crisis resultant to the quashing of aforesaid Proclamation, we direct, by applying the doctrine of prospective overruling, that this judgment shall come into operation with effect from 26-12-1996. B.M. Lal, J.

(3.) The main relief amongst other sought by means of all the six writ petitions is to issue an order, direction or writ in the nature of Certiorari quashing the impugned Proclamation dated 17-10-1996 and any other order, direction or writ commanding the respondents to instal an elected Government in Uttar Pradesh.