Judgment

( 1 ) THE general elections to the Legislative Assembly of Bihar were held in the month of February 2005. The Election Commission of India, in pursuance of Section 73 of the Representation of the People Act, 1951 in terms of the notification dated 4-3-2005 notified the names of the elected members.

( 2 ) AS no party or coalition of the parties was in a position to secure 122 seats so as to have majority in the Assembly, the Governor of Bihar made a report dated 6-3-2005 to the President of India, whereupon in terms of notification GSR 162 (E) dated 7-3-2005, issued in exercise of powers under article 356 of the Constitution, the State was brought under the Presidents rule and the Assembly was kept in suspended animation. By another notification GSR 163 (E) of the same date 7-3-2005, it was notified that all powers which have been assumed by the President of India, shall, subject to the superintendence, direction and control of the President, be exercisable also by the Governor of the State. The Home Minister in a speech made on 21-3-2005, when the Bihar Appropriation (Vote on Account) Bill, 2005 was being discussed in the Rajya Sabha, said that the Government was not happy