Order 1. This petition puts in issue the dissolution of the Bihar Legislative Assembly made in exercise of the power conferred by Article 356 of the Constitution. When the matter came up for hearing before a Division Bench sitting during vacation on 10.6.2005, the Bench noticed the principle of limited scope of judicial review in a matter of this nature, as settled by this Court in the case of S.R. Bommai v. Union of India [ (1994) 3 SCC 1 ]. The Bench considered it desirable if the matter was taken up for hearing after the respondent Union of India had filed an affidavit on the question of prima facie case. 2. On 24.6.2005 an affidavit of preliminary objections had been filed on behalf of the Union of India pursuant to the order passed by this Court. The petitioners have filed a rejoinder. 3. We have heard the learned Attorney General for India as also the learned counsel for the petitioners and the learned counsel for the Union of India. In our opinion, a case is made out for putting the respondents on notice. 4. Issue notice. 5. The Governor of Bihar has been impleaded by name and in person as Respondent 2. The learned counsel for the petitioners states that this had to be done inasmuch as there is an allegation of legal mala fides (no allegation of malice on facts) and, therefore, the impleadment of Respondent 2 as a party in person is needed. 6. Mr. Sushma Suri, learned counsel for the Union of India accepts notice and waives formal notice. Let notice be issued to Respondent 2 returnable within three weeks. Dasti service, in addition, is permitted. 7. The learned counsel for the Union of India proposes to file a detailed counter. Let it be done in three weeks. Rejoinder, if any, may be filed within one week thereafter. 8. List for directions in the matter of appointing a date of hearing soon on the pleadings being completed. 9. The learned counsel for the Union of India states that three reports of the Governor of Bihar dated 6.3.2005, 27.4.2005 and 21.5.2005 were placed before the Court on 10.6.2005 and the same have also been placed on the record in sealed cover.
9. The learned counsel for the Union of India states that three reports of the Governor of Bihar dated 6.3.2005, 27.4.2005 and 21.5.2005 were placed before the Court on 10.6.2005 and the same have also been placed on the record in sealed cover. Today also the original record is available with the learned counsel for the Union of India and some of which, as required, was made available for the perusal of the Court. The learned counsel assures to keep the entire record available in the Court on the next date of hearing. 10. The learned counsel for the petitioners prays that the three reports of the Governor be made available to him so that he can suitably respond to the said reports. That prayer will be taken up for consideration on the date when the matter is placed before the Court for directions. Order accordingly. ***************