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1995 Supreme(SC) 84

A. M. AHMADI, K. JAYACHANDRA REDDY, S. P. BHARUCHA
Ram Deo Bhandari: J. William John Alias Gandeevan: T. N. Seshan: Gautam Sagar Rana: State Of Orissa: Arjun: Manmohan Narisinghdasji Maheshwari: Samata Party: State Of W. B. – Appellant
Versus
Election Commission Of India: Chief Election Commissioner: State Of W. B. : Election Commission Of India: Election Commission Of India: Union Of India: State Of Maharashtra: Election Commission Of India: Election Commission Of India – Respondent


Advocates:
A.K.PANDEY, A.S.BHASME, A.SUBBA RAO, B.B.Singh, D.D.THAKUR, F.S.NARIMAN, G.RAMASVAMY, GOOPTU, GOPAL JAIN, H.K.PURI, K.M.BHATT, Kumar Rajesh Singh, L.K.GUPTA, M.CHANDRASEKHRAN, Mukul Mudgal, NAVIN PRAKASH, NIRANJAN REDDY, P.PARMESHVARAN, R.K.MEHTA, R.S.LAMBAT, RAJIV SHARMA, RAJU RAMACHANDRAN, RAVI P.VADHVANI, S.MURALIDHARAN, Shomona Khanna, SOLI J.SORABJI

JUDGMENT

Article 168 of the Constitution provides that every State shall have a Legislature and Art. 172(1) provides that every Legislative Assembly of every State, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the Assembly. Under this Article the five year term of the Legislative Assemblies of two States, namely, the States of Bihar and Orissa will expire on March 15, 1995. It is obvious that on the expiration of the said term of five years on March 15, 1995, the Assemblies of the said two States will stand dissolved. To satisfy the mandate of Article 168 it is necessary that elections should be held in aforesaid two States in a manner that the election results are declared before March 15, 1995. The latest Press Note issued by the Election Commission on December 8, 1994 states that the elections in the States of Bihar and Orissa would be completed before March 10, 1995. Ordinarily no objection can be raised by either of the States to the schedule of elections fixed with a view to completing the same before March 15, 1995.

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