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1993 Supreme(MP) 246

K.M.AGARWAL, D.M.DHARMADHIKARI
Sunderlal Patwa – Appellant
Versus
Union of India – Respondent


Advocates:
Nirmal Chandra Jain, ex- Advocate General with N.S. Kale and R.N. Singh for petitioners. Dipankar Gupta, Soliciter General with P.L. Dubey, Advocate General for respondents.

ORDER

S.K. Jha, C.J. -- 1. The order in this case shall also govern the connected petitions pending in this Court raising substantially the same points being M.P. No. 906/93 (Laxmi Narayan Gupta v. Union of India), M.P. No. 429 /93 (Brijendra Nath Pathak v. Union of India (and M.P. No.4517/92 (Smt. Jaishri Banerjee and another v. Union of India).

2. The petition raises a question of great constitutional importance, particularly concerning the Government of Madhya Pradesh. The petitioner has been the Chief Minister of State of Madhya Pradesh. By this petition, he challenges the Presidential Proclamation issued on 15th of December, 1992 published in Madhya Pradesh Rajpatra (Extraordinary) of the same date imposing Presidential rule in the State and dissolving the State Assembly. Before we deal with the main contentions advanced by the counsel for the petitioner on the question of extent of power of the President under Article 356 of the Constitution of India and the scope of judicial review, it would be necessary to briefly state the factual back-ground in which the impugned Proclamation by the President was issued.

3. On 6th of December 1992, a crowd, which had gathered at Ayodhya in U





























































































































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