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2017 Supreme(Pat) 427

RAJENDRA MENON, ANIL KUMAR UPADHYAY
Deo Kumar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant :Bhupendra Kumar, Ebrahim Kabir and Shruti Sinha, Advocates
For the Respondents:Lalit Kishore, Advocate General

Judgement Key Points

Key Points:

Question 1?

What is the proper constitutional method to determine majority for government formation in a hung assembly, as per the judgment?

Question 2?

What is the role and necessity of a floor test in determining support for the Ministry, according to the judgment?

Question 3?

What is the principle regarding inviting the party with the largest number of elected members to form the Government in light of floor tests?


JUDGMENT :

Rajendra Menon, J.

1. As the issues involved in both these petitions are identical and they relate to formation of the Government in the State of Bihar, we propose to deal with the matter and dispose them of by this common order.

2. In Civil Writ Jurisdiction Case No. 10819 of 2017, the petitioner claims to be an Ex-Mukhia of a Panchayat in District-Patna, who was imprisoned during emergency for 18 months, and says that he is disturbed by the political happenings in the State of Bihar, as certain events and action taken are contrary to the constitutional mandate, this writ petition has been filed and the only ground raised is that without calling the single largest party in the Legislative Assembly for proving its majority and without granting them an opportunity, a particular party/group has been invited to form the Government.

3. Similarly, in Civil Writ Jurisdiction Case No. 10820 of 2017, petitioners claim to be the members of the Legislative Assembly, belonging to a political party/group, i.e. the single largest party in the Assembly, and it is their case that contrary to the law laid down by the Hon'ble Supreme Court in the case of S.R. Bommai v. Union of India (1994)














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