The petition, filed by S P Anand of Indore, argues that the Gujarat incident was clearly a misuse of the powers under Article 356 of the Constitution enabling the President to impose presidential rule. The court has not yet given a date of hearing.
, though it is expected to be heard shortly. The petitioner has earlier challenged the holding of Prime Minister's post by Deve Gowda as he was not a member of either House. The judgment is awaited.
In the new petition, Anand has argued that the action of the President ran contrary to the ruling of the nine-judge bench of the Supreme Court in the S R Bommai case and the Sarkaria Commission recommendations. Mere law and order situation or violence in the Assembly was not breakdown of constitutional machinery which justified President's rule.
This is a special case in which the President should have ignored the advice of the council of ministers. The oath of office of the President imposes a duty on him to uphold the Constitution. In this case, he should have followed the Constitution by allowing the state government to continue as it had shown its majority.
In an interim prayer, he asks the President not to dissolve the House. He also prays for the restoration of the BJP-Mehta government.
