Bombay high court dismisses RPI's plea seeking dissolution of House

The Bombay high court on Thursday dismissed the petition filed by Republican Party of India (RPI) seeking imposition of President's rule in Maharashtra and dissolution of the state legislative assembly and the council of ministers.

A division bench of justices VM Kanade and Anuja Prabhudessai dismissed the petition filed by general secretary of RPI, Jairam Pawar, observing: "We are not inclined to entertain your petition."

The petition alleged that the government has been functioning illegally since November 8, before which the council of ministers should have taken oath.

Advocate Prakash Ambedkar argued that there was a delay of three days in the constitution of the 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," he argued.

The petition claimed that as per the government notification, the previous assembly came to be dissolved on November 8. But the new assembly was formed only on November 10.

The judges asked if there was any specific provision in the Constitution which stated that the House shall stand dissolved in case of a delay in the constitution of a new assembly.

Ambedkar cited Articles 164(2) and 168 of the Indian Constitution.

"How does it dissolve the new assembly? The new assembly has already come into force. What if there is a gap of two days?" asked justice Kanade.

The HC said that it cannot interfere unless there is a "specific, explicit provision" in the Constitution of India which states that "a delay in the formation of new assembly will lead to the breakdown of the constitutional mechanism and will lead to the dissolution of the assembly".