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1990 Supreme(P&H) 639

R.S.MONGIA, J.V.GUPTA, M.S.LIBERHAN
Kanwaljit Singh – Appellant
Versus
Union Of India – Respondent


Judgment

1. In this bunch of writ petitions broadly the challenge is to the 64th amendment of the Constitution; imposition of President Rule in Punjab in May, 1987 and extension thereof; dissolution of the Punjab Legislative Assembly in March, 1988.

2. Legal issues raised and posed by these writ petitions are not free from difficulty. The importance of the issues raised gave rise to numerous opinions, and approach to them which need balancing by the judicial mind.

3. Though there are some differences and variations in facts, still the material facts are largely common to the writ petitions. Various questions raised in the petitions are so interwoven that their answers depend on each other. It can fairly be stated that the petitions raised common questions of law And fact.

4. It would be expedient to succinctly collate the facts from Civil Writ Petition No. 2886 of 1989 filed by Captain. Kanwaljit Singh, former Minister (hereinafter referred to as the petitioner).

5. The petitioner impugned the imposition of President Rule vide. Notification dated 11/05/1987 and dissolution of the Punjab Legislative Assembly vide Notification dated 6/03/1988. The vires of 59th amendment of the Consti

























































































































































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