- (1.) For the reasons recorded separately this court unanimously holds that the impugned Presidential Proclamation dated 17-10-1996 reimposing Presidential Rule under Article 356 of the Constitution of India in the State of Utter Pradesh subsequently approved by the Parliament is unconstitutional, issued in colourable excercise of powers and is based on wholly irrelevant and extraneous grounds and therefore, cannot be allowed to stand, consequently the same is hereby quashed.
(2.) However, to avoid any constitutional dead-lock or crisis resultant to the quashing of aforesaid Proclamation, we direct, by applying the doctrine of prospective overruling, that this judgment shall come into operation with effect from 26-12-1996. B.M. Lal, J. 1. The judgment delivered in Writ Petition Mo. 3129 (MB) of 1996, shall govern disposal of all the six writ petitions filed in the shape of Public Interest Litigation challenging the constitutional validity of the Proclamation dated 17-10-1996 issued by His Excellency Hon'ble the President of India in exercise of His powers conferred by Article 356 of the Constitution of India. 2. Thirteenth Legislative Assembly of Uttar Pradesh returned with fractured/hung verdict of the electorate resulting into Presidential Rule and the germane questions surfaced for judicial determination by this Court are as under : (1) Whether or not, in the given situation of instant case, continuation of Presidential Rule beyond one year is consitutionally permissible in Uttar Pradesh on the face of existing Sub-clause (6) of Article 356 of the Constitution of India. (2) Whether or not, in the given situation of instant case the impugned Presidential Proclamation dated 17-10-1996 is issued in colourable exercise of powers and is based on extraneous, malafide and wholly irrelevant grounds and as a result of it a judicially discoverable and manageable issue has arisen. (3) Whether or not, in the given situation of instant case. Hon'ble the Governor of Uttar Pradesh was constitutionally obliged or bound to invite the largest single party of thirteenth Legislative Assembly of Uttar Pradesh to form the Government.
(3.) The main relief amongst other sought by means of all the six writ petitions is to issue an order, direction or writ in the nature of Certiorari quashing the impugned Proclamation dated 17-10-1996 and any other order, direction or writ commanding the respondents to instal an elected Government in Uttar Pradesh.;