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- (1.) THIS petition puts in issue the dissolution of Bihar Legislative Assembly made in exercise of the power conferred by Article 356 of the Constitution of India. When the matter came up for hearing before a Division Bench sitting during vacation on 10th June, 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 and Ors. v. Union of India and Ors. 1994(3) SCC 1. 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 has been filed on behalf of the Union of India pursuant to the order passed by this Court. The petitioners have filed a rejoinder. We have heard the learned Attorney General for India as also the learned counsel for the petitioners and the learned counsel* for the Union of India. In our opinion, a case is made out for putting the respondents on notice.
(3.) ISSUE notice. The Governor of Bihar has been impleaded by name and in person as respondent No.2. The learned counsel for the petitioners states that this had to be done inasmuch as there is an allegation of legal mala fides (no allegation of malice on facts) and, therefore, the impleadment of respondent No.2 as a party in person is needed.