SC nod clears way for Bihar polls

The Court, however, said they could raise the issue before a Constitution Bench which would commence hearing on September 6.

For the Election Commission that’s faced with a November 22 deadline for reconstituting the assembly, this should come as a great relief. It’s counsel told the apex court that the Commission would announce the poll schedule within two or three days. This would signal commencement of the poll process and coming into force of the model code of conduct.

‘‘The EC usually comes out with the press release of the announcement at least three weeks before the proposed dates of election,’’ he said, adding that ‘‘the Commission would issue the release within two to three days.’’

On August 5, the Court while hearing the petitioners had issued a notice to the Election Commission leading to speculation that the poll process may be stayed. But with the Court refusing any interim order today, that fear is no longer there.

Initially, there was panic as the Court sought to know from the EC counsel if the Commission could wait till September 6 when the Constitution Bench takes up the matter. The Additional Solicitor General, Gopal Subramaniam, said that any such observation would amount to a stay and hit at the root of the Presidential proclamation for constituting a fresh assembly.

The Court then cleared the air saying it was not passing any order on the point and asked the petitioners to raise their plea before the Constitution Bench.

However, there was no relief for Governor Buta Singh. The Court, making its intent clear, framed four questions on the scope and immunity enjoyed by Governors from court proceedings under Section 361 of the Constitution and referred it to the Constitution Bench.

The Government had earlier said there was a constitutional bar on making the Governor a party to the suit.

Tandon to visit Bihar

NEW DELHI: With the Supremem Courth giving the Election Commission the go-ahead to announce the Bihar Assembly poll schedule, Chief Election Commissioner B B Tandon is returning to the state once more, making his second trip to the state in recent weeks.

Next week, Tandon will tour some districts to oversee arrangements, especially the issuance of Electoral Photo Identity Cards, sources said.