Mumbai: The Bombay High Court on Thursday dismissed a petition filed by RPI led by Prakash Ambedkar seeking dissolution of the newly-formed assembly in Maharashtra and imposition of President's rule.
"We are not inclined to entertain the petition as it is devoid of merits," said a bench of Justices V M Kanade and
The petition contended that since the tenure of the previous (Maharashtra) Assembly ended on November 8, and the House was summoned on November 10, the government was functioning "illegally" for two days.
The petition, filed by 69-year-old Republican Party of India (RPI) Secretary Jairam Pawar, said it was challenging the action of political parties to form government and take oath after the dissolution of the previous legislative assembly.
It said the new assembly had not come into force within the stipulated time prescribed as per the government notification issued on September 20.
The petition said that a notification was issued to dissolve the Assembly on September 20 and the elections were to be conducted as per the electoral programme on October 15. The results were to be declared on October 19.
As per the notification, the earlier legislative assembly was to dissolve on November 8, 2014, and hence the council of ministers was duty-bound to see and ensure that the next legislative assembly should be in place and should be summoned on or before that date, states the petition.
However, the members of the Assembly began taking oath only on November 10, it said.
The petition prayed that the Governor be directed "to remove and or dissolve the council of ministers for the state of Maharashtra and implement the President's rule under Article 356 of the Constitution in the state of Maharashtra."
It further sought to prohibit the council of ministers from implementing any decision taken by them till appropriate orders are passed by the central and state government in accordance with the Constitution of India.
The petition sought an interim stay on any decision taken by the council of ministers from November 8 till the final order is passed by the High Court.
