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2008 Supreme(Gau) 214

J.CHELAMESWAR, RANJAN GOGOI, AMITAVA ROY, I.A.ANSARI, BROJENDRA PRASAD KATAKEY
Yitachu – Appellant
Versus
Union of India – Respondent


JUDGMENT

Jasti Chelameswar, C.J.

1. The Presidential proclamation dated 03.01.2008 under Article 356(1) of the Constitution of India imposing President's Rule and keeping the Assembly under suspension in the State of Nagaland has been put to challenge in the present writ petition. Intricate questions in un-chartered fields, notwithstanding the pronouncement of the Apex Court in Rameswhar Prasad v. Union of India AIR 2006 SC 980 and Clause (R. Bommai v. Union of India [1994] 2 SCR 644, have arisen for our consideration in the present case. Before we proceed to make the required determination the relevant facts and circumstances giving rise to the Presidential notification will be required to be noticed by us.

2. On 26.2.2003 elections were held to the 60-member Nagaland Legislative Assembly. On 6.3.2003 the Democratic Alliance of Nagaland (DAN) formed a coalition government with Sri Neiphiu Rio as the Chief Minister. The alliance had the support of 43 members - 32 from the Nagaland Peoples Front (NPF), 5 from the Bharatia Janata Party (BJP), 2 from Janata Dal (United) [JD (U)] and 4 independents. The remaining 17 seats in the Assembly were filled up by members of the Congress Party.

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