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SC to hear presidential reference on Gujarat on Monday

The Supreme Court will hear on August 26 the presidential reference seeking its opinion on questions relating to the legality of Election Commission's recommendation that President's rule be imposed in Gujarat as assembly poll could not be held within a stipulated timeframe.

The Registrar General of the Supreme Court L C Bhadoo said the reference will be placed before a five-judge Constitution Bench headed by Chief Justice B N Kirpal on Monday.

He said necessary notice of the reference is being issued to Solicitor General Harish Salve as Attorney General Soli J Sorabjee is out of station.

The three questions raised in the reference, signed by President A P J Abdul Kalam broadly said:

• Does Article 174 yield to Article 324, meaning thereby that the timeframe provided under Article 174 is subject to Election Commission's order under Article 324.

• Can the Election Commission under Article 324 frame an election schedule under the premise that if the timeframe provided under Article 174 is not complied with then the President will step in under Article 356?

• Is the Election Commission bound by the mandate of Article 174 and therefore bound to conduct election within the timeframe, drawing the forces and resources as required from the central government for conducting free and fair election?

Gujarat Elections 2002: The complete coverage

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