1The dissolved Legislative Assembly of the State of Gujarat was constituted in March 1998 and its five-year term was to expire on 18-3-2003. On 19-7-2002 on the advice of the Chief Minister, the Governor of Gujarat dissolved the Legislative Assembly. The last sitting of the dissolved Legislative Assembly was held on 3-4-2002. Immediately after dissolution of the Assembly, the Election Commission of India took steps for holding fresh elections for constituting the new Legislative Assembly. However, the Election Commission by its Order dated 16-8-2002 while acknowledging that Art.174(1) is mandatory and applicable to an Assembly which is dissolved and further, that the elections for constituting a new Legislative Assembly must be held within six months of the last session of the dissolved Assembly, was of the view that it was not in a position to conduct elections before 3-10-2002 which was the last date of expiry of six months from the last sitting of the dissolved Legislative Assembly. It is in this context the President of India in exercise of powers conferred upon him by virtue of clause (1) of Art.143 of the Constitution of India referred three questions for the opinion of the S