Date:18/10/2005 URL: http://www.thehindu.com/2005/10/18/stories/2005101807891200.htm

Other States - Bihar

Stay plea on the eve of poll

Legal Correspondent

NEW DELHI: The Supreme Court will hear an application seeking a stay of the Bihar Assembly polls on Tuesday, the day the first phase of polling is held.

The application filed by advocate, Viplav Sharma, one of the petitioners who challenged the legality of the May 23 Presidential Proclamation dissolving the House, has been listed for hearing before a Bench headed by Justice Y.K. Sabharwal. Mr. Sharma said he wrote to the Election Commission on October 7 that the 13th Bihar Assembly stood revived following the court order declaring the Presidential proclamation unconstitutional and that it should not go ahead with the polls. The Commission, in its October 14, reply said the court did not revive the Assembly. It said, "You may, if you have any doubt, approach the Supreme Court for clarification."

Mr. Sharma said if the Commission was allowed to proceed with the elections, the exercise would not only result in a colossal waste of over Rs. 500 crores but also directly destroy the democratic governance of the country.