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2014 Supreme(SC) 1320

R.M.LODHA, N.V.RAMANA
Aam Aadmi Party – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Petitioner:Fali S. Nariman, Shanti Bhushan, Sr. Advocates, Prashant Bhushan, Kamini Jaiswal, Rohit Singh, Kartik Seth, Sri Krishna Tiwari, Abhimanue Shrestha, Shubhash Sharma and Divyesh Pratap Singh, Advocates.
For the Respondent:Goolam E. Vahanvati, Attorney General, K.V. Vishwanathan, A.S.G., Rohit Sharma, Jaishree Viswanathan, V.K. Prasad, Vikas Garg, B.K. Prasad, Manohar Lal Sharma and Rabin Majumdar, Advocates.

ORDER :

Interlocutory applications for intervention are dismissed.

2. One of the arguments put forth by Mr. Fali S. Nariman, learned senior counsel for the petitioners is : In view of the grounds K to N and P to S in the counter affidavit of the Union of India, whether after the enactment of Tenth Schedule waiting or accepting defection to happen is at all a relevant consideration on whether or not to keep the Assembly in suspended animation and not to be dissolved ?

3. Mr. Goolam E. Vahanvati, learned Attorney General,submits that the above question is no more res integra in light of the Constitution Bench decision of this Court in Rameshwar Prasad and Others (VI) v. Union of India and Another, (2006) 2 SCC 1. In this regard, learned Attorney General referred to paras 82 to 86 of the said judgment.

4. On the other hand, Mr. Fali S. Nariman, learned senior counsel for the petitioners, also relies upon para 86 of the said judgment wherein the Constitution Bench observed :

    "86. Undisputedly, a Governor is charged with the duty to preserve, protect and defend the Constitution and the laws, has a concomitant duty and obligation to preserved emocracy and not to permit the "canker" of politic

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